Manteca, CA asked in Civil Litigation, Estate Planning and Probate for California

Q: How can i file quitclaim deed litigations in california?

Over time, his contact with me decreased and my life got busier with kids and work schedules. Last year, we hit rock bottom in our relationship. Unfortunately, I discovered last year (2023) that he had breached our agreement by transferring the property to his partner. Moreover, I learned he did not record the affidavit at the clerk's office, only the quitclaim deed.

Apparently, he wanted revenge from me for reporting the domestic violence he committed against my mother back in 2007.

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: To address a situation involving a quitclaim deed in California, the first step is to gather all relevant documents, including the quitclaim deed and any agreements or affidavits related to the property transfer. If you believe the transfer was made improperly or in violation of an agreement, you may need to file a lawsuit in a California court.

The specific type of lawsuit will depend on the details of your case. Common legal actions in these situations include a suit to set aside the deed for reasons like fraud, duress, or mistake, or a breach of contract action if there was a violation of an agreement related to the property.

Before initiating litigation, it's advisable to consult with an attorney who has experience in real estate law. They can help you understand your legal options and the likelihood of success based on the specifics of your case.

Given the complexity of property law and the potential for significant legal and financial consequences, professional legal guidance is crucial. An attorney can also assist with drafting and filing the necessary legal documents and represent you throughout the court proceedings.

Yelena Gurevich
Yelena Gurevich
Answered
  • Estate Planning Lawyer
  • Studio City, CA
  • Licensed in California

A: This seems complicated and a bit confusing. Who's on title to the property? Who are you? and who is he? What is your relationship to each other and to the property? If this involves real estate (i.e. property), gather all your documents and consult with a real estate attorney. If this is a divorce situation, consult with a family law attorney.

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