Legal Question in Real Estate Law in California

If you want to seek your ownership rights, you either resolve the issues among yourselves and file correcting deeds and notices, with or without the aid of attorneys, or you file a lawsuit to do so. If serious about pursuing this, feel free to contact me. I'll be happy to help.

OK, I'm going to have to ask a lot of questions for clarification. You could re-ask your question including the answers to the questions, or if you wish, contact me directly by e-mail and I'll try to help. Here are the questions:

1, 2, 3. When you say your father gave you his half of the house, how did he do this? Did he give you a deed? If so, was this deed notarized and recorded? Did you inherit it?

4. What does the deed your mother "filed" say? (Deeds generally must name a person who is giving up property, a person who is getting the property, and must be signed by the person giving up an interest. Filing a "deed" that simply says "I am the owner of Blackacre" is ineffective, as is, generally speaking, filing an affidavit.)

5, 6, 7. Where did your mother "file" this deed and affidavit? With the County Recorder? Have you gone to the Recorder to look at it and get a copy?

8. What exactly do you mean by "Mt dads deed with remained on the house"?

9, 10. Have you seen the deed by which your mother put you on title as a joint tenant with right of survivorship? Has this deed been recorded?

11. By what act or process was the deed from dad removed from title?

12. Has anyone filed a lawsuit over this disagreement?

13, 14 Exactly what paperwork did your sister fill out? Does she have, or claim to have, any authority to sign "paperwork," or is she simply acting as someone's secretary in this mess?

15. When this whole process started, who owned the house, and how was title held? If it was community property, ALL of the subsequent deeding back and forth might be void, and ownership is still as community property of the parents.....but without hard facts, copies of the documents, and careful analysis, who knows?

16. Are there any loans on this property?

As a starting point, remember that (a) you can't sell or give away what you don't own; (b) unrecorded deeds are valid as between the parties thereto and anyone with actual or constructive knowledge, but not against strangers; (c) deeding interests in property back and forth like this will create income tax, property tax and marketability of title problems.