Legal Question in Real Estate Law in California

Re: Nightmare buying real eastate with family member

First, in the course of asking for, receiving and understanding advice on this particular legal problem, a lot may come up about the deal not being in writing. You will hear that contracts for real estate transactions have to be in writing, but there are exceptions such as estoppel and part performance.

All this is true, but there are other theories that are less likely to occur to some attorneys that are also very appropriately raised, which give you a range of rights withour requiring that there be a contract in writing signed by the party to be sued.

For example, partnership law does not require a written partnership agreement, nor is it even necessary that a partner owning real property sign a conveyance (such as a deed) to the partnership in order for the real property to pass from the partner's ownership to the ownership of the partnership.

Also, beneficial ownership of property ordinarily belongs to the party or parties that pay for it at its initial acquisition, irrespective of the owner names or percentage of ownership reflected in a recorded deed, under the so-called "purchase money resulting trust" principle.

I think all your many issues can be handled in a single lawsuit that would ask for (1) quieting title to a half interest in you based on both de facto partnership and resulting trust as well as the written ackowledgments; (2) partition (court-ordered sale and division of net proceeds); (3) allocation of a larger share of the sale proceeds to you on breach of contract, breach of fiduciary duty and promissory fraud theories; and (4) an award of punitive damages.

I can't say for sure whether I could handle this case on a contingency, partial contingency or deferred fee basis or not without further analysis of the facts and the family member's possible defenses, but I'd be willing to take a closer look if you contact me directly.