Legal Question in Real Estate Law in California

Re: Tenans in common / Settlement

If the girlfriend also began the case with you, the attorney has a duty to her, but the attorney had a duty to determine the respective ownership at that time (but it was, apparently, tenants in common then). You do not indicate how the property went from tenants in common to your name alone but the agreement at time of transfer should tell us if she receives anything; did your agreement with her indicate that all rights in the property, including the lawsuit, would belong to you?

Re: Tenans in common / Settlement

A claim or a right to recover something in a lawsuit, and any award or judgment obtained, is a separate piece of property from the house. Property or rights of this kind are called "choses in action."

When you acquired your girlfriend's half interest in the house, you did not automatically acquire her chose in action; that would have required a separate agreement or at least a clause or term in the real estate deal also assigning or selling the chose in action to you.

Perhaps a lawyer working for you could find such a term in your real-estate contract, and it might even be IMPLIED rather than expressly set forth.

However, there is a pretty strong argument that the ex-girlfriend is indeed entitled to half of the settlement.

If you feel this would be contrary to any written or implied understanding between you at the time you divided your property, or at any other time for that matter, see a lawyer with all your evidence.

Keep in mind that if you have a valid claim to the $5,500 she might otherwise get, it might be suuitable for Small Claims Court; you can only sue for $5,000, but the $500 would be a small cost compared with filing fees and lawyer costs in regular court.