Legal Question in Real Estate Law in California

Re: Transfer or Amendments to Title

A title search is fairly simple for an attorney or real estate agent to order.

Removing someone from title is a bit more complicated: if they've died, filing papers with the court or the county recorder may be required; if they're alive, they can sign a deed transferring their interest to the other owners; if they refuse to sign over their interest but it's really not owned by them, a quiet title action may be necessary. The answer depends on the situation.

Re: Transfer or Amendments to Title

Removing someone from title, if it's going to be possible at all, will depend upon the reason why that person should be removed and whether the person will cooperate in the process.

If the person is alive, competent and cooperative, a quitclaim deed to whomever should be the owner of the person's interest will accomplish the result.

In certain instances, such as death and following a divorce settlement, there are frequently-followed and relatively simple procedures that do not usually require special pleadings before a court. An attorney or title company should be consulted for particulars, depending upon the situation.

If someone has obtained title to real property through mistake, fraud or some other injustice, an action to reform or cancel the instrument (such as an invalid deed) can be filed.

In other instances, the action is more properly brought as a quiet title suit or suit to remove cloud on title. Any of these would require the assistance of an attorney, preferably a real estate specialist who practices in the county where the property is located.

Re: Transfer or Amendments to Title

In San Diego you may call the recorder's office and ask for tax payer information. To remove a person from title or deed requires litigation for cause. To find out if you have grounds to remove an individual from a deed please call me directly at (619) 222-3504.