Legal Question in Real Estate Law in California

Re: Quit Claim Deed rights

He cannot get back on the deed without the notorized signature of the other 2 parties. Since he has signed a quit claim deed, it could be argued that he has no ownership interest in the property at all, at this time.

However, a court would probably grant him the right to receive a 1/3 share of the proceeds if there was a sale, minus the $15,000 that I am assuming he embezzeled from the other two parties.

If you are in a position to buy him out, less the $15,000 and an additional 2% of the overall value of the property to cover his share of the future cost of sale that he will avoid by selling directly.

Make sure you have a special contract drafted by an attorney in your area to make sure it is done right.

Re: Quit Claim Deed rights

You may have a good case and reinbursement for any funds that were embezzeled. I would be happy to review all of your documentation without charge. Please fax same to me at 714 363-0229. I will then call you if you wish. My firm handles cases throughout the State of California.

Re: Quit Claim Deed rights

OK, we start out with A, B and C as equal co-owners. C gets in financial hot water and for one reason or another has to quitclaim his 1/3 interest. To whom was it quitclaimed? To A? To B? To A and B equally? Or perhaps to another party, D?

Whether someone is "on the deed" does not fully answer the question of ownership. There can be many classes of rights in or claims upon real estate, including 'legal title' as shown by a duly-recorded and non-fraudulent deed; 'equitable title,' a right to ownership not reflected in a deed; plus other classes of ownership interests such as leaseholds, life estates, liens, etc.

The nature and extent of C's interest -- and therefore what you can do to exclude C from the property -- depends upon what C had originally and what C has since done with that interest. If C has indeed quitclaimed all of his right, title and interest in the house, and the quitclaim has been recorded and is not in any way fraudulent, C can be excluded from the property as a trespasser in the same way any other person can be excluded. Caution: if C formerly occupied the premises and did not completely vacate it, C may be able to claim some right as a hold-over tenant, in which case an unlawful detainer action (eviction) might be helpful or necessary to establish A and B's right to exclude C.

You can't get yourself 'back on deed' in this sense: if you have surrendered all your right, title and interest as an owner by a valid, non-fraudulent, duly recorded quitclaim deed, you're history unless someone with an ownership interest deeds you a new interest.

There is an exception where someone loses his property by judicial foreclosure; there, under an 'equity of redemption,' an owner may be able to un-do the foreclosure for a period of time after foreclosure by paying the entire indebtedness, with costs.

Since I don't have all the facts here, this can only be a rather general discussion. If you would like a more particularized answer, please contact me with additional details.