Legal Question in Real Estate Law in California

Re: realestate

Any interest in land must be in writing, so you are wise to do so. The proper method is for him to sign a deed giving you an ownership interest. It could be done as tenants in common (the preferred way), or joint tenancy. With joint tenancy, you would get the entire property if he should die. He would have to sign the deed before a notary and then record it. Be aware, there might be tax ramifications, so you both should consult with a tax advisor before taking this big step.

Re: realestate

Legal ownership of interests in land are usually created by deeds. The procedure is for the grantor (current owner) to prepare and sign before a notary public a grant deed or quitclaim deed granting or quitclaiming to the grantee (incoming owner) whatever interest is to be conveyed, and then for the grantee to record the deed with the county recorder.

Verbal (oral) agreements to convey interests in land are generally not enforced, so you should move on this while your brother is similarly inclined.

If you just need help in finding the right forms and the language to fill it in (an accurate legal property description is essential), you might ask a local escrow and title comapny for assistance. They will charge a fee and try to sell you title insurance, all of which may be worth their asking price.

On the other hand, I recommend that you get the advice of a lawyer if you haven't considered the tax angles of your proposed deal, if there is any dispute about the verbal agreement, or if the purpose of your deal is to evade the grasp of any creditor.