Legal Question in Real Estate Law in California

Re: Property Title

This question seems to be a near duplicate of one I just answered, so I won't repeat what I already said, but maybe I should add a few afterthoughts for clarification.

First, a co-owner cannot abandon her interest in real property. Ownership interests endure.

Second, getting someone's name off title requires either showing (1) that it should not have been on title in the first place, or (2) title has been acquired from the person whose name is on the record, but the record doesn't yet reflect the change in ownership.

Your brother could possibly have a case under #1, but you haven't given us any facts upon which to come up with a theory.

He may have a case, as I discussed, under #2, most likely by setting up a viable case for adverse possession.

Adverse possession claims agains co-owners require proof of an additional element. In order for the possession of a cotenant (your brother) to be adverse vis-a-vis the other cotenant, and thus set up the possible case, the missing cotenant must have been "ousted" by the cotenant in possession.

The requirements for an ouster are technical and very fact-sensitive. However, if the co-owner isn't going to show up for trial, you might be able to prevail on a minimal showing.

You can't get a judgment quieting title by default alone; your brother would still have to show up in court and present at least some evidence to support every element of the cause of action for quiet title by adverse possession.

The overall prosecution of the case, from drafting the complaint to handling the prove-up hearing, is going to be somewhat technical and complex, but if handled carefully the result should be clear title unless there are problems the question doesn't reveal.

Re: Property Title

He can bring a quiet title action. It is not that expensive to hire a lawyer to do so.