Legal Question in Real Estate Law in California

Re: losing property to late cousins wife

First, I'd start out by saying that what you are proposing to do is possible in theory, but it will require good evidence, some patience, and you will incur legal fees in the process.

Next, I wonder whether your father's interest was 100% of 2.5 acres, or 8-1/3% of the whole 30 acres, or something else. In other words, did the buyers take title separately to individual legal parcels, or did they take title to the entire 30 acres in cotenancy (i.e., as tenants in common or as joint tenants).

When you say "added to the deed," I assume you mean "added to title." Was there but a single deed, as the question suggests? Did the buyers subdivide the 30 acres after acquiring it?

Very importantly, what is or was your father's claim or right to part ownership based upon? He probably contributed part of the down-payment, but I can't assume that - and it's important.

Are there documents from the time of the original purchase, such as the purchase contract with the seller, or escrow instructions and statements that show who paid what, and how title was to be taken? Most escrow companies retain these records for a long time, and if no family members have them, perhaps they can be ordered from the escrowholder.

Your father's claim may turn out to involve what is called a purchase-money resulting trust, which is a fictitious trust that arises under the law, without the parties making a trust agreement. When X puts up the purchase money, and Y rather than X is placed on title, the law presumes that this is a mistake, and therefore that Y holds legal title as an involuntary trustee for X. Y's only duty as such a trustee is to convey legal title to X upon X's demand. If Y refuses, a court can order the title to be transferred to X. There are defenses to a claim of resulting trust, including a showing that X made a gift to Y, or that there is a valid contract between X and Y that provides for the apparently-improper legal ownership.

I should also point out that whatever is shown on the county's records at the recorder's office is what is called "legal title," and is given a presumption of being correct. However, in a limited number of circumstances there is a difference between "legal title" and what is known as "equitable title" or "beneficial title" or similar terms. These circumstances include purchase-money resulting trusts, and if your facts are good, you will be able to show that your father's heirs are the beneficial owners and entitled to have legal title transferred to them.

This is a bit of an oversimplification, but should show that, if the property is worth a court challenge, you may be able to prevail. Please feel free to contact me with particulars for a further free analysis.

Re: losing property to late cousins wife

You will have a difficult time, but it is not impossible. I would need all the facts as to why and how he was not named on the deed. Contact me directly.

Re: losing property to late cousins wife

If the family can't agree to correct the title to suit you, you can TRY through nasty and expensive litigation. No name on deed, no ownership. Feel free to contact me if serious about doing so through negotiation, or through litigation if the property is in a SoCAL county [where the case would have to be filed].