Legal Question in Real Estate Law in California
i quickclaimed my property to my daughter when my gallbladder surjury left me with big medical bills now my daughters says shes selling the proerty underneath me
2 Answers from Attorneys
Is this a question? Your daughter owns the property as a matter of public record. If you feel there was some agreement she would hold it for you or would not sell it, you should consult a real estate litagaton attorney to bring legal action and dispute the ownership. Did you have some type of written agreement with her? Was there an oral understanding? Were your trying to defraud your creditors in the transfer? DId you, in fact, defraud your creditors? Do they still have claims? Should you have considered bankruptcy and tried to protect the residence ( perhaps water under the bridge at this point)? These issues will need to be discussed with counsel who can advise you as to your rights once they have all the facts..
I agree completely with Mr. Christian. You gave her the house, and did so under circumstances that exposed both of you to charges of fraud on creditors. Unless you had an agreement that she would deed it back to you and can prove it, she has every right to do what she pleases with the property. And of course if you prove an agreement that you transferred it to her to hide the asset from creditors and then she would transfer it back, you have a whole other set of problems.