Legal Question in Real Estate Law in California
transfering of title
my mom (A) and dad(B) own half, my uncle(F) died and left his half to my Mom(A), my uncle(C), my aunt(d), and his wife(e) of 2 years, no deceased. A and B have made all payments, tax payment, upkeep on the parcel of land for the last 20 years. My dead uncle (F) never made any payments ect., nor did anyone eles, except for (E), who made one tax payment 6 years ag0. A and B want to sell, there old and do not know how to use a computer, this is in san deigo county. what forms to file ect please
3 Answers from Attorneys
Re: transfering of title
This is complicated. One has to check the land records and see how title vests, and then determine if title is marketable at this time or if it has to be cleaned up. You or the parties involved will have to hire a lawyer to unravel this an put it right.
Re: transfering of title
It would depend on whether the documents were previously filed, whose name was listed on the documents, and how the property is owned.
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Re: transfering of title
First of all, the tax payments have nothing to do with who owns the property in this circumstance. That is determined by the deeds. If all the parties are in agreement about a transfer, a title company can probably help you through the process. Because of the deaths, they will carefully check whether there is clean and marketable title and you will want title insurance. This is not a DIY job. If there are complications or if the parties are not in agreement, you need to have a real property attorney assist. You may want to file a partition action in the court to get authority to sell the property and assure that each owner receives appropriate compensation.
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