Legal Question in Real Estate Law in California

First, don't you see that there is a little conflict between someone else being "on title" and the mobile home being yours? In general, property belongs to whomever is on title. That's what title is all about -- ownership.

Having said that, I'll hasten to add that you may still have a valid issue if either of two things is true, and either of them may be:

(1) Someone is "on title" but has no right to be. They got on title by mistake, fraud, etc.

(2) Two or more people are shown on the title documents as co-owners, and you are one of them, and you want to buy out your co-owner.

There might be some other possibility as well as the two mentioned above.

Another problem with giving you a straightforward cookbook-recipe for clearing up title is that mobile homes can fall into either of two categories of property: real estate or motor vehicles; and which classification yours falls into may affect how you get things handled.

If there is fraud or mistake or some other issue, you are probably going to have to go to court (file a lawsuit) to get an order (judgment) from a judge correcting the ownership dispute, mistake, doubt, fraud or whatever.

If it just happens that you and a legitimate co-owner can't agree about something, I would suggest avoiding a lawsuit by running out the string of voluntary settlement measures including negotiation and private mediation. Lawsuits are usually expensive for everyone, including the winner. If the home is still a motor vehicle and the "someone" on title got there as a secured lender, the DMV might assist or you could remind the lender of its duties under the Rees-Levering Motor Vehicle Finance Act.

There is no way that I know of to force a legitimate co-owner off title. They have just as much right to force you off title. Legitimate co-owners of property (real or personal) do have one "ultimate weapon," however - a lawsuit for partition. A partition lawsuit asks the court to order the co-owned property sold and the net proceeds divided among the former co-owners. An undesirable result for you is that, when the mobile home is sold, it will get a new owner (whoever bids the most) and that probably won't be you. However, just filing the suit may make the reluctant co-owner come to the bargaining table and work out an out-of-court settlement that preserves your ownership (by, for example, letting you buy out the other.

You may file a quiet of title action or a partition. How much money did the other party put into the home? Contact me directly.