Agoura, CA asked in Real Estate Law for California

Q: How can a grant deed on a residential house be rescinded if under coercion?

I was coerced by my domestic partner to add him onto the deed of my house that I inherited from my father. He tricked me and the papers were signed under duress.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you were coerced into adding someone to the deed of your house, you have grounds to challenge the validity of that deed. Coercion and duress are recognized as legitimate reasons to rescind a legal document like a grant deed.

To proceed, it's essential to gather evidence supporting your claim of coercion or duress. This might include any communications, witnesses, or other relevant documentation that can demonstrate you were pressured into signing the deed.

You should file a petition in a California court to have the deed rescinded. The court will consider the evidence and determine whether coercion occurred. If the court finds in your favor, the deed can be invalidated.

Given the complexity of such cases, seeking legal guidance is crucial. An attorney can assist you in preparing your case, gathering evidence, and navigating the legal process.

Time is of the essence in these situations, so it’s advisable to act promptly to ensure the best possible outcome.

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