Legal Question in Real Estate Law in California

Re: real estate

You may have a claim against the property based upon your reliance upon his representation and fraud. In order to protect the property, a lawsuit should be filed immediately and a Lis Pendens should be filed. Please call us if you need assistance or have any other questions.

Re: real estate

You have something of an uphill battle to establish title or a piece of title against a deed that has been of record and unchallenged for 27 years. It is not impossible to do so, however. In fact, you have a pretty good chance to prevail on one or another of several legal theories yhay can be used to challenge title that stands in someone else's name.

I would start by determining exactly how title is held today. If you are not shown as a co-owner, you best bet might be to sue to quiet title in yourself on the ground of adverse possession. This would be a viable theory if you have paid the property taxes for at least five years and certain other technical conditions are met. An alternate theory could be that he holds legal title but you are the beneficial or equitable owner due to having paid all (or part?) of the purchase money - the so-called purchase-money resulting trust concept. This too depends upon certain facts you haven't provided, mainly where the down payment money came from to buy the house in 1980.

Another pair of theories would be promissory estoppel and equitable estoppel, building on his oral but perhaps enforceable promises which you then relied upon. Finally, some of the Marvin-vs.-Marvin palimony concepts of reimbursement seem to fit.

I think it is extremely important for you to see a lawyer and get a suit on file as soon as possible, because if he sells the house to a so-called "bona fide purchaser for value, without notice (of your possible rights)," that purchaser may have superior rights to yours and you would lose out, or at least would have to sue your "ex" for money damages, which would be a rough row to hoe and produce an inferior result.

If you want a free further analysis, please contact me with further details so we can have an e-mail conversation about my theories of the case, no obligation of course.

Re: real estate

There is no possible way for an adverse possession claim to be successful when you have the record owners permission to use the property - this is not a likely a viable theory. Possession has to be "hostile to the owners" meaning without permission - you have already said he told you to take the house. All other theories listed here are possible - some more than others and should be looked into but really the most important is to retain an attorney and get an immediate suit filed so that a lis pendens can be recorded with the County - this will cut off the bona-fide purchaser problem which is the most pressing issue for you as it will give record notice that the property title is in question. There is a lot to lose here and a house could be sold in as little as a few days if between private parties and no financing through a mortgage company so you need to move quickly on this - like today. He could easily tell the purchaser that you are tenants or that you were only to "use" the house till the kids turned 18 in lieu of paying child support - what you have written could be interpreted that way FYI but it will depend on all the facts obviously. Get a lawyer today - do not wait.

Re: real estate

Yes I would suggest a partition and quiet of title action immediately. I have a similar case now. Contact me directly.

Re: real estate

Yes, it sounds like you have a good case under the legal theory of equitable detrimental reliance. A court can give you title to a property if you show that you had a verbal agreement to perform a promise in return for transfer of title to real propeprty, and that upon reliance of that agreement you substantially performed your end of the bargain.