Legal Question in Real Estate Law in California

perscription in CA on property rights

In 1979 husband and myself purchased a home in SB, CA. In 1988 I left with my two children because he abused me. My husband then sold our home in 1988 and the clerk of court in SB, Ca signd for me on the transfer of deed. Has my time to make a claim on the property expired. Under what reasons can the Clerk of Court sign for a person. Do I have any legal right to recover our home.


Asked on 2/10/08, 10:33 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: perscription in CA on property rights

The clerk can sign someone else's name to legal documents, often deeds, when the person whose name is signed is obligated to do a thing and refuses, and it requires a judge's order. I'd say the chances of recovering anything are pretty remote at this point, partly because whatever caused the clerk of the court to perform this ministerial act must have been the result of some perfectly legal process, such as a divorce where you were served by publication because you couldn't be found. By the way, do you even know whether you are single or married?

Another reason recovering anything is unlikely at this point is that the statute of limitations for practically any theory would have run out by now.

However, "unlikely" does not necessarily mean "impossible." The first step would be to do a quick review of the court's records and the recorder's records to look for suits such as divorce proceedings and for instruments of record affecting the former home.

What county is SB? We have a choice of San Benito, Santa Barbara and San Bernardino.

Read more
Answered on 2/12/08, 3:09 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California