Legal Question in Real Estate Law in California

Re: sole title and ownership of property

Well, divorcing probably wouldn't help much anyway, at least insofar as real-property title questions are concerned. The analytical starting point here for a lawyer trying to help you would be to inquire into what you mean by "my" house.....this could mean:

(1) a house you own 100%, lock, stock and barrel, as your separate property; title has been recorded and is now held in your name alone, and no community funds have ever been used to pay for it or improve it; or

(2) the house you live in with your husband, although he is the sole owner of it as his unchallenged separate property; or

(3) anything in between, including a house that is community property.

If your claim to ownership is based on facts that tend to show that you have a substantial, perhaps complete, separate-property interest, you may not have to do anything at this time, because there is no real challenge, existing or potential, to your separate ownership.

However, since you ask what you have to do to "obtain title and ownership," I have to assume that the recorded deed shows a greater community or husband's separate-property interest than you think is fair.

A person's "of record" or "legal" interest in real property, i.e., what is shown on the record at the courthouse, is sometimes not the same as what the person is truly entitled to, equitably, if and when all facts and circumstances are brought to light. So-called equitable ownership or equitable title may differ from legal title or ownership as shown on the official records, but a court has the power to hear evidence and make orders bringing legal title into line with equitable ownership.

Legal and equitable ownership can get out of synch due to fraud, mistake, failure to record documents affecting legal title, use of community funds to improve or pay for separate property, and on and on.

Your facts are insufficient to give a lawyer any way to render specific suggestions, but from the foregoing somewhat general discussion, perhaps you can see that "obtaining" sole title depends upon what you already have and what, in fairness, you ought to have.

Another way to get sole title and ownership is for your husband to quitclaim his interest to you. This is called a "transmutation" and can be done as a gift if he is so inclined.

Please feel free to send me more details of your situation directly, and maybe then I can give you a more specific answer.