Legal Question in Real Estate Law in California

Does a court have jurisdiction to make a decision on who owns real property when the defendant legally owns the property but is not aware of it? Let's say that the court awards the plaintiff the property and later on the defendant finds out that he was the true owner. Can defendant go to court and have the case reversed because the court did not have jurisdiction over the property?


Asked on 8/07/15, 6:19 pm

3 Answers from Attorneys

You do not seem to understand jurisdiction. Jurisdiction is geographical. A state court has jurisdiction over all property within the geographic area it serves and governs. It also has jurisdiction over anyone living within that geographic area and anyone with sufficient business or legal contacts with that area to make it reasonable and just for the court to assert jurisdiction over them. Owning property in that geographic area would be a classic example of something that would give a court jurisdiction over a person who doesn't live in the jurisdictional area. It's a little more complicated when it comes to federal court jurisdiction but mostly the same. So if the property was within the court's geographic jurisdiction the court had jurisdiction over it and anyone having or claimg ownership of it.

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Answered on 8/07/15, 10:49 pm
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

Yes, a court has jurisdiction to decide who owns real property. It is not jurisdiction over the property that is as important as jurisdiction over the parties. If you were a party to the case and the decision was against you, you should contact an attorney that handles appeals. If you were not a party, you should consult with an attorney. It is possible that the decision could be vacated. Move quickly. There is limited time to take action.

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Answered on 8/08/15, 9:15 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A court MAY have jurisdiction to decide who owns real property. If the real property is in California, a Nevada court won't have jurisdiction. This type of jurisdiction is called "territorial" jurisdiction. Next, if "X" is the owner and X hasn't been served with process, the court lacks jurisdiction to decide against X -- that's called "personal" jurisdiction. Finally, there is "subject matter" jurisdiction, i.e., a criminal court or a small claims court probably lacks jurisdiction to hear and decide civil matters like ownership of real estate. So, if the real property is in California, jurisdiction will depend upon the court being the civil division of a California state superior court and the defendant(s) being properly served. Otherwise, a lack of jurisdiction is very probably present.

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Answered on 8/08/15, 3:14 pm


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