Legal Question in Real Estate Law in California

I purchased a house in 2005 and about a month after escrow closed, I took the deed down to the County Clerk and changed the ownership from just me to me plus my domestic partner. Fast forward 7 years, I still own the house and rarely speak to the former partner, who is now mentally and physically VERY ill. We tried to remove his name by going to a notary to switch the title back to myself only, but the partner has NO California ID nor driver's license anymore, so cannot prove his identity.

Question: Can I remove his name from the title on my own? I have power of attorney over him and he thinks that is enough. I need to know the details. Thanks!


Asked on 6/22/12, 6:49 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I have an issue as to your first sentence. When you have received a deed after escrow closes, escrow normally records and the original deed is sent to you after recording. From the way you have state this, it appears that you altered the original deed to insert an additional grantor. If that is what you did, then that was improper, and an altered deed does not pass title.

A power of attorney cannot be used to transfer real property in this situation, because it appears from your post that your friend is mentally ill.

Read more
Answered on 6/26/12, 4:38 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California