Los Angeles, CA asked in Real Estate Law for California

Q: Need to know how to file a judgment to make someone sign a quit claim deed

I paid for a house out right and put boyfriends name on my deed now he is abusing his technical home ownership and ruining my stuff and stealing and won't leave won't sign my house back to me .... how do I get this in front of a judge I can't live like this

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: If your boyfriend refuses to sign a quit claim deed to transfer the ownership of the house back to you, you may need to seek a court order. Here are some general steps that you can follow:

Consult with a lawyer: It's important to speak with a lawyer who can provide you with legal advice and guidance on the specific steps you need to take in your state.

File a lawsuit: You may need to file a lawsuit against your boyfriend to force him to sign the quit claim deed. The lawsuit will need to be filed in the appropriate court in your jurisdiction. Your lawyer can help you with this process.

Serve your boyfriend with the lawsuit: Once you file the lawsuit, you will need to have your boyfriend served with the legal papers. This will formally notify him that he is being sued and give him an opportunity to respond.

Attend the court hearing: After your boyfriend is served with the lawsuit, a court hearing will be scheduled. You and your lawyer will need to attend the hearing and present evidence to support your case.

Obtain a judgment: If the judge agrees with your argument, they may issue a judgment ordering your boyfriend to sign the quit claim deed to transfer the ownership of the house back to you.

Again, it's important to consult with a lawyer who can provide you with more specific guidance on the legal process in your state.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Putting aside why you would have paid outright for a house and put his name on the deed, your question is not clear. Is he the only name on the deed, or are both your names on it? If you are both on the deed, you must bring an action in Partition. This means you'd ask a judge to order the house sold and the equity distributed fairly. If you are not on the deed, absent a written agreement reflecting your arrangement, you will have a much more difficult time proving your "ownership," and you might consider buying him out. Either way, you should probably consult with a local attorney in a private setting to review the deed and any related communications/documentation you believe will prove your case. If you do not have an attorney in mind, start your search here: https://www.justia.com/lawyers

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