Legal Question in Real Estate Law in California

Re: Title Name Removal

I researched and provided three lengthy answers to very similar questions on LawGuru on June 3rd. The question number was 87171619 and the answers were 180436410, 176365247 and 177305497. Please contact me directly if you are not able to find the question and my three answers, which cover the subject pretty thoroughly.

The bottom line is that there are two possible legal approaches: quieting title and partition. Quieting title is problematic because you need a theory upon which to strip your co-owner of title, and adverse possession against a co-owner is very tough because your possession as a co-owner simply isn't adverse unless you made it so (preferably more than five years ago) by ousting the co-tenant.

Partition is problematic because you may have to sell the property under unfavorable conditions and might not be able to buy it back; also, the co-owner might end up being entitled to some of the net proceeds.

All approaches also have the problem of serving a summons and complaint on a person whose whereabouts are not known.

Look up and read my prior answers for more details, then if you'd like to discuss qualified and experienced legal assistance contact me directly.

Re: Title Name Removal

Did your family member pay money for the property? Or was it a gift? Are there any documents showing the property was given to him?

I may be able to locate the person with my resources at my office.

Anyway, your family member may have to bring a "quiet title" lawsuit to clear up title. Short of that, and on the cheaper note, you should enlist help to locate the person on title to see who that person is and whether that person will agree to remove himself/herself from title to avoid a lawsuit. Before you contact that person, your family member may want to know his rights. And to know his rights, answers to the above questions are needed.

Feel free to email me answers to my questions.