Legal Question in Real Estate Law in Oregon
Real Property Title Transfer
My mother and stepfather, both retired and California residents, purchased real property in Oregon, with vested Grantee title as “husband and wife.” One year later, my stepfather unilaterally (and without my mother’s knowledge) recorded a Warranty Deed transferring title of the entire property to his Living Trust (established prior to his marriage to my mother). He claims the transfer was suppose to be only for his half of the property.
Question 1: In Oregon, can my stepfather transfer title (either all or his half) to his own living trust without my mother’s consent?
Question2: What should my mother do at this point to reclaim her half of the property?
2 Answers from Attorneys
Re: Real Property Title Transfer
Mr. Shers' answer was comprehensive and excellent.
I, also, have no idea of Oregon law, but since most of our body of law comes from the "common law" of old England, I am sure it is quite similar to California.
Follow Mr. Shers' advice, and good luck!
Re: Real Property Title Transfer
I do not know Oregon law, but i would suggest that she tell him that the transfer clearly was not what he wanted, so he should immediately undo it. Since they took the property as community property [California law, the law of the residence of the people should apply as to title], i.e. husband and wife and putin gthe property, or even half of it, into his trust would adversely effect her community property rights, no part of the land shuold g into his trust unless she makes a transfer of the property. A title insurance company probably would refuse to issue a clean title report on what occurred.
She needs to read some books on real estate [Nolo Press has some good summary in lay people's language] so that she knows the general concepts of trusts, community property , etc., and then sit down with him for a frank and long discussion as to what is going on [is he under pressure from kids from his first family to leave them all of his assets, etc.]. A spouse does not transfer any property without telling their partner, no matter who owns the property. She needs to be able to explain clealy to him why what he did was legally and morally wrong.
If she loves him, he will not return the property, and she wants to stay married to him, then to save the marriage perhaps she should give at least part of her property interest to one or more of her children so that they instead can sue him. And she better insist on knowing what else is in the Trust.
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