Legal Question in Real Estate Law in California

how do i remove a family member from my home tiltle?

two years after purcahsing a home my sibiling wanted out of of the responsability.

home was worth 20% less and the title co. gave us a grand deed form to filled out, had it notorized, and recorded as a full reconveyance, now 18 years later i want to sell the home and the title co.

tells me that it was a transaction not secure???? whatever that means?

so ther's a cloud in my title, how do i fix that when that family member does no want to cooperate?


Asked on 6/19/12, 8:48 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your question is a mixture of conflicting and inaccurately-stated facts. Based on what I am able to figure out, it would appear that your sibling and you are co-owners of some sort. Maybe tenants in common, maybe joint tenants, maybe something else. Anyway, the basic answer to the basic question is that to remove anyone from title to a home, it'll be necessary for that person to agree to be removed, i.e., for them to "deed it over" to you, or, alternatively, to have a court find that for some reason the other "owner" should be removed from record title.

Otherwise, the county is not going to remove X from title just because Y, his or her sibling, wants that to happen.

Please feel free to contact me directly with detailed facts, and I'll gladly give you a better analysis, with no obligation.

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Answered on 6/19/12, 9:15 pm

I am not sure what Mr. Whipped thinks is missing or conflicting in your question. It seems pretty clear that you bought a property jointly. What form of joint title you took is irrelevant to your question, so I have no idea why Mr. Whipped cares about that. As I understand it, your sibling later gave you a GRANT deed (there is no such thing as a grand deed) on a form provided by a title company. You recorded that without further involvement from the title company, much less title insurance. Now the title insurance companies are refusing to insure a sale because of this deed, which in the title industry we call a "wild deed." The reason for the title companies' reluctance to insure is that intra-family deeds recorded by the grantee, without the benefit of an escrow or title insurance, have a VERY high rate of forgery and fraud claims. So the bottom line is that the only way a title company is going to trust that you really have sole ownership of the property is if your sibling agrees to affirm the grant deed is valid (which the title companies will require be done via a new quit claim deed signed by your sibling in front of one of the company's notaries) or by filing court proceeding and getting a judgment from the court that you are the sole owner. If you need further assistance, please let me know. I have offices in the Sacramento area.

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Answered on 6/20/12, 9:36 am


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