Legal Question in Real Estate Law in California

To resolve it among themselves, or resort to litigation if necessary to settle the title claims. She is probably about to learn that oral contracts create problems and litigation -- there is no written evidence of the terms of the 'deal'.

If she is serious about getting legal help resolving or litigating the issues, feel free to contact me.

I need to know a lot more facts, but I think you are in a good position if you get an attorney right away. You may contact me for a free consultation.

Daniel Bakondi

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Your mother's situation is not all that unusual, but her chances of getting inaccurate or incomplete advice are rather high. First, there are two issues in such cases: what are the two parties' true beneficial interests in the property, and what is a "fair" division of the net equity given the ownership percentages and the inequalities in contributions made over the years for costs such as interest, principal, taxes, insurance and repairs.

The major pieces of missing information here include (1) how is title held "of record" as shown by the recorded deed; (2) who paid the down payment; (3) the relationship of the parties at the time of purchase; (4) the current fair market value; (5) the amount of any liens (mortgages, taxes, association dues, etc.) (6) the expenditures on the property other than the down payment by each party; and (7) whether any litigation is threatened or under way.

Ownership will probably follow relative contribution to the down payment, irrespective of how title was taken. For example, if your mom paid 75% of the down payment, perhaps you can establish that she is entitled to be treated as a 75% owner, even if they are joint tenants or 50-50 tenants in common on the deed. This could be done by a quiet-title action based on the principle of purchase-money resulting trust.

Next, the legal recourse of an unhappy co-owner (whether a 50% or 5% co-owner) is a suit for "partition" of the property - asking the court to order a sale followed by division of the net proceeds according to certain fairness principles as well as ownership percentage.

Depending upon the facts and your mom's wishes, she could sue to quiet title, for partition, or both in the same lawsuit. If she has been sued (probably not, based on your question), she should defend and probably cross-complain.

You need to know that a purchase-money resulting trust does not require a written agreement nor is the statute of limitations a defense. What is required is proof of making the down payment, or a larger portion thereof than is reflected in the deed, and perhaps some proof that the disparity in ownership vs. down-payment is not the result of a gift.