Fresno, CA asked in Civil Litigation for California

Q: My sister filed a complaint against me saying that she was under duress and stress when she quit deeded my mothers prope

ty over to me cause she couldnt pay the default. Taxes the house was auctioned off and she is claiming that the excess proceeds should go to her since the deed was in her name longer. And that her duress was caused by a harrowing divorce and she was having serious health issues at the time and that im a life long drug addict and will only spend the money on. Drugs,gambling and friends does filing under duress and stress have merit

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2 Lawyer Answers

A: There isn’t a clear question posted on this post. But Sounds like you’ll need to hire an attorney to represent to in this matter unless you are prepared to research the relevant law and procedure and represent yourself.

James L. Arrasmith
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Answered

A: Under California law, a claim of duress involves proving that a person's free will was overcome by some wrongful act or threat by another party, leading to a contract or agreement they wouldn't have otherwise consented to. In the context of your sister's situation, she would need to demonstrate that her decision to quitclaim the property to you was significantly influenced by coercion or a threat, making her consent involuntary.

Stress and health issues, while significant personal challenges, do not automatically constitute duress in a legal sense. For duress to be established, it typically requires more than just adverse circumstances; there must be a direct connection between the alleged duress and the transaction in question.

Your sister's claim about your alleged substance abuse and how you might use the proceeds from the property does not directly relate to whether duress was present at the time of the quitclaim. These allegations might be raised to question your character or suitability to receive the proceeds, but they are not directly relevant to proving duress.

In summary, your sister has the burden of proving that her decision to transfer the property was not voluntary but was instead the result of undue pressure or coercion. This can be a complex area of law, and the specific facts and evidence will be crucial in determining whether her claim of duress has merit. It is advisable to seek legal counsel to navigate this situation and to ensure that your rights and interests are adequately protected.

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