Legal Question in Real Estate Law in California

Re: unrecorded title changes

First, check the county recorder's office to verify that he did not record it. Second, destroying the deed does not undo the transaction. However, you will have difficulty proving it in court. Consult with a real estate attorney.

Re: unrecorded title changes

"Legal?" isn't the right question, and is irrelevant. 'Can you prove the title change?' is what you have to answer. Without copies of the SIGNED and notarized deed, no. If it wasn't recorded, you're not on title, and he can do anything he likes with the property, until and unless you file suit to claim an interest in the title, and prove your claim. If the title company has a copy of the signed deed, you have at least some support. Check with them. They probably do, that is their job. If they do and you can get a copy, and you're serious about pursuing this, feel free to contact me for the legal help you'll need. You may also be able to claim what amounts to a 'community property' or 'tenants in common' interest in the property if you do so timely.

Re: unrecorded title changes

Well, I'd get him to admit what he did in front of witnesses, because here are the legal principles:

(1) Tearing up, burning, etc. a deed that has been delivered by the grantor to the grantee has absolutely no effect on the transfer of title set forth in the deed. If he delivered a deed to his home, or a half interest in it, to you, or even handed it to you to look at and you handed it back, the "deed is done" and destroying the deed will no un-do the conveyance even if both parties INTENDED that to happen. The ONLY way to un-do a deed, once it is delivered, is for the grantee to deed the property back to the grantor.

(2) A deed is valid between the parties (grantor and grantee) and others with actual or constructive knowledge of the deed, even though the deed is not recorded. The purpose and effect of recording is "to give notice to the World" of the deed. Recording has absolutely nothing to do with the validity of the deed as between grantor and grantee.

I hasten to add that a deed does not become effective until it is "delivered" to the actual or constructive possession of the grantee. If you never laid eyes on the deed, it might just as well have never existed.

The subject of the rights of co-owners to shared possession is another topic you'll need to know about (if he made you a tenant in common or joint tenant). But that's another question.

Finally, proof of all these matters would be key to winning in court.

Please feel free to contact me directly for further discussion.