Legal Question in Real Estate Law in California
real estate ownership issues
Hello, I jointly owned a property with my brother about 5 years ago. As we refinanced, we were both married and I had my own house with my spouse. I ''negligently'' quitclaimed my joint tenancy to his wife, hence they are joint tenants together now. My parents live in the guesthouse within the same lot of this property and recently, my sister-in-law been acting in ways which pinpoint potential future problems of eviction for my parents who are not able to move. Though i am not interested in the house for myself i would like to protect my parents as well as my brother from the potential alternative motives of his wife. Hence I would like to claim myself back into the joint tenancy. How can I do this?
2 Answers from Attorneys
Re: real estate ownership issues
Unless you had an agreement that the title to the property would be exchanged in return for the promise your parents would obtain an ownership interest, it sounds like there is little or nothing you can do.
Re: real estate ownership issues
Whether your situation is hopeless or merely difficult may depend upon exactly what you mean by "negligently." If you mean it was an error of judgment, you may have to live with the consequences of your bad decision. If you mean you made a clerical error in placing names on a quitclaim deed, this probably can be remedied in court. Or, possibly someone proposed a deal to you and misrepresented its long-term outcome or consequences, i.e. you are a victim of fraud. There might be a remedy still available to address the fraud, but it will be a difficult case to prove and the statute of limitations may have run out already.
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