Legal Question in Real Estate Law in California

Re: quit claim and 1542 release

A partition action may be commenced regarding the real estate, or a quiet of title suit. Don't let her pressure you, get what you deserve, call me directly at (619) 222-3504.

Re: quit claim and 1542 release

Your facts are a little unclear, but sounds as though you co-owned this property prior to 1/03, when at that time your co-owner deeded her interest to you; but in the third sentence, it sounds as though you and she are still negotiating. Or, possibly, you mean that you had no ownership prior to 1/03, at which time you first acquired a part ownership.

In either case, your question raises two areas of real-estate law: validity of deeds, and rights of co-owners.

Generally, a deed is valid if it mentions a price or consideration, or states that it makes a gift; contains an adequate description of the property (a street address may be insufficient); contains words of conveyance "X hereby grants to Y" and is signed by the grantor and delivered to the grantee. Preferably, the deed is signed before a notary and upon delivery promptly recorded with the county recorder. Failure to record a deed does not make it ineffective between the grantor and grantee, however, but a bona fide third-party buyer in the future may not be bound by an earlier deed which is unrecorded.

OK, now for the rights of co-owners. Each has a right of possession; in other words, either can insist upon being a housemate of the other at any and all times. Either can rent or sell his or her half interest, but the interest of the other is unaffected. When co-owners disagree, either may sue for "partition,' which is a court-ordered division of the real estate, either by subdivision or, in modern urban situations, more often by sale and split of the net proceeds.

An "ex-co-owner" would have few to no rights if she is truly in all legal and equitable respects an "ex." Some rights could arise based upon fraud, or failure to comply with the terms of sale, but otherwise I can't think of anything.

The "1542" is a reference to Civil Code section 1542 which says that a general release does not extend to rights or claims of which a party to a release is unaware at the time of signing. If someone is asking you to sign a 1542 release you can be sure they're getting legal advice and you may be outwitted if you don't get your own counsel before signing.

Also, you being asked to sign a quitclaim deed seems inconsistent with her being an "ex-co-owner." Sounds more as though YOU are about to become the ex-co-owner. Be careful here.