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California Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for California on
Q: Can I sue a property owner for his renters disrupting my rights to quiet enjoyment. been happening for over a year.

I text owner several times. Each time he not care told me I should call the Sheriff if I have any complaints. The renter has been taken to jail for harassing me and the sheriff has been called about them several times by several different people. The renter has threatened to kill me and slit my... View More

James L. Arrasmith
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answered on Jan 31, 2024

Under California law, the concept of "quiet enjoyment" applies primarily to the relationship between landlords and their tenants, not between neighbors or between a tenant and a neighboring property owner. However, you may have grounds for a lawsuit based on nuisance law. A nuisance... View More

2 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: Hello! I wanted to get advice on my current situation. I have filed divorce from my husband and i am just waiting

For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More

James L. Arrasmith
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answered on Jan 30, 2024

In California, properties acquired after separation but before the divorce is finalized can sometimes be considered separate property. However, this can depend on specific circumstances and interpretations of the law. Since you separated in 2022 and plan to buy a new home before your divorce is... View More

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: Hello! I wanted to get advice on my current situation. I have filed divorce from my husband and i am just waiting

For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More

Robert P. Taylor
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answered on Jan 30, 2024

First, the soonest your divorce can be final is 6 months from the date your husband was served. Meaning that if he was served recently, the courts 6 months time frame for finalizing your divorce really is not significant. If that's not the case, and the court clerk is telling you it's... View More

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2 Answers | Asked in Real Estate Law for California on
Q: how to remove someone from my title

estranged son for approx 11 yrs who is co-tenant on the deed, title, of my home. he will not remove himself from title and I would like nothing more to have him removed. We have not talked or been in each others company for 11 yrs.

T. Augustus Claus
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answered on Jan 30, 2024

In California, removing someone from the title of a property, especially in a situation where the co-tenant (your estranged son) is unwilling to cooperate, can be complex. As co-tenants, both parties generally have equal rights to the property. If your son is not agreeable to voluntarily removing... View More

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2 Answers | Asked in Real Estate Law for California on
Q: how to remove someone from my title

estranged son for approx 11 yrs who is co-tenant on the deed, title, of my home. he will not remove himself from title and I would like nothing more to have him removed. We have not talked or been in each others company for 11 yrs.

James L. Arrasmith
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answered on Jan 30, 2024

Under California law, removing a co-tenant from a property title can be complex, especially if the other party is unwilling to voluntarily relinquish their interest in the property. The most straightforward method is through a voluntary deed transfer, where your son would sign a quitclaim deed or a... View More

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1 Answer | Asked in Real Estate Law, Probate and Estate Planning for California on
Q: My mother died May 16, 2023. She has real estate that’s in a trust but the trustee isn’t doing their job

My sister is trustee of the trust, I have not seen the trust but I know about it because my mother told me. My sister and I don’t talk, but she has not performed her duties in distributing the trust

James L. Arrasmith
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answered on Jan 29, 2024

Under California law, as a beneficiary of a trust, you have certain rights when it comes to the administration of the trust. If the trustee, in this case, your sister, is not fulfilling her responsibilities, there are steps you can take to address this issue.

First, you have the right to...
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1 Answer | Asked in Real Estate Law, Divorce and Family Law for California on
Q: Is a property purchase after the date of separation in California still considered part of the marital estate or seperat

Do I have the absolute right to partition such a property?

James L. Arrasmith
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answered on Jan 29, 2024

Under California law, property acquired after the date of separation is generally considered separate property, not part of the marital estate. This means that if you purchase a property after you and your spouse have separated, it is usually seen as your own separate asset.

However, there...
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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can I add a family member to a deed under a joint ownership, then move my portion of the ownership into a living trust?
James L. Arrasmith
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answered on Jan 26, 2024

In California, you can add a family member to a deed under joint ownership, and subsequently transfer your portion of the ownership into a living trust. To add a family member to the deed, you would typically use a grant deed or a quitclaim deed. This process involves preparing the deed, ensuring... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can I add a family member to a deed under a joint ownership, then move my portion of the ownership into a living trust?
Julie King
Julie King
answered on Jan 26, 2024

Assuming you are the sole owner of the property, you can add whomever you'd like to your property. But beware, it may impact your property taxes. Double check with your accountant, so you understand the consequences of transferring real estate during your lifetime. It's often better to... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for California on
Q: Can I add a family member to a deed under a joint ownership, then move my portion of the ownership into a living trust?
Sergio C. Prado
Sergio C. Prado
answered on Jan 26, 2024

If you're the sole property owner, adding someone to your California property is feasible, but it's essential to be mindful of potential impacts on property taxes. It's recommended to consult with your accountant to understand the ramifications of transferring real estate during your... View More

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1 Answer | Asked in Consumer Law, Real Estate Law and Municipal Law for California on
Q: In California, can code enforcement cite & abate our RV for living in our RV if it's being used for storage only?

The city municipal code says it is unlawful to occupy any camp car or trailer for living or sleeping purposes in the city. If it's being used for storage only is that a violation? The code enforcement officer said it's a violation to occupy it, and stepping 1 foot into the trailer is... View More

James L. Arrasmith
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answered on Jan 26, 2024

In California, local municipal codes often regulate the use of RVs within city limits. If your city's code prohibits occupying camp cars or trailers for living or sleeping purposes, using the RV strictly for storage should not be a violation of this particular code. However, it's... View More

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: I want to understand how capital gain will impact my sister-in law. owned the house for 30 years,

Bought it for 260,000, and sold it in 2024 for 1.3M. Her husband passed 7 years ago. She is 64 and only has income from SS at 24k a year. Lives in CA. Is it true that if she earns less than 47k in 2024, 44k in 2023 she will not have to pay any capital gains from the sale of her principal... View More

James L. Arrasmith
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answered on Jan 25, 2024

Under federal tax law, when selling a principal residence, an individual can exclude up to $250,000 of capital gains from their income if they meet certain conditions. Since your sister-in-law has owned and lived in the house for more than 2 out of the last 5 years, she qualifies for this... View More

1 Answer | Asked in Real Estate Law for California on
Q: I as a POA initiated the sales of my aunt's house. 80% into escrow I turned over POA to a cousin. Can she stop the sale

As a power of attorney, I initiated the sale of my aunt's house. I did so because she was racking up bills while residing in a nursing home. She had a stroke around May 2023 and now needs 24hr care. The house was sold to a friend of hers in which they had a written notarized agreement. The... View More

James L. Arrasmith
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answered on Jan 24, 2024

No, it is highly unlikely the cousin can reverse the sale at this point. Here's why:

- You had valid power of attorney authority when you initiated the sale, signed agreement, and executed grant deed to sell the house. Your actions carrying out the sale appear authorized under the POA...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Contracts for California on
Q: Do I need a sublease for a church to another church for 3 hours per week of rental and 40% of the entire church
James L. Arrasmith
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answered on Jan 24, 2024

Under California law, it is advisable to have a sublease agreement in place when one church is renting space to another, even for as little as 3 hours per week and a 40% share of the church. A sublease agreement will clearly outline the terms and conditions of this arrangement, including the... View More

2 Answers | Asked in Real Estate Law for California on
Q: California Code which requires seller of residential property to disclose to buyer that the property is within an HOA.

If a seller is selling a property which is within a Homeowners Association (HOA), what is the California code which requires seller to inform buyer of HOA plus details of HOA. I believe that the law is in the civil code.

James L. Arrasmith
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answered on Jan 23, 2024

Under California law, the requirement for a seller to disclose to a buyer that a residential property is within a Homeowners Association (HOA) is detailed in the California Civil Code. Specifically, Section 4525 of the California Civil Code outlines the documents that a seller must provide to a... View More

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2 Answers | Asked in Real Estate Law for California on
Q: California Code which requires seller of residential property to disclose to buyer that the property is within an HOA.

If a seller is selling a property which is within a Homeowners Association (HOA), what is the California code which requires seller to inform buyer of HOA plus details of HOA. I believe that the law is in the civil code.

Yelena Gurevich
Yelena Gurevich
answered on Feb 3, 2024

Civil Code Section 4525 requires an owner of a property within an association to provide various items of information and documents to a prospective purchaser of the owner's property “as soon as practicable before the transfer of title or the execution of a real property sales contract.”... View More

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2 Answers | Asked in Family Law and Real Estate Law for California on
Q: After 40 years of marriage, my husband left to live with his partner's wife. He has been gone for 18 years.

In 2002,he had just sold his business for two million dollars. So had his partner. He left in 2008 .He gave me the house, and $300,000. He took the money. He said that it was an equal split. I was a dummy and trusted him, and did not get all this on paper. Now he says he is broke, and will not sign... View More

James L. Arrasmith
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answered on Jan 22, 2024

It sounds like you're facing a complex and difficult situation. Given your circumstances, it's essential to seek legal advice from a family law attorney. They can help you understand your rights and options regarding the division of assets and potential spousal support, especially... View More

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2 Answers | Asked in Family Law and Real Estate Law for California on
Q: I live with my mom for 60 years. She passed away 2020 I have lived there after her passing. I had a stroke I’ve been in

The hospital for 12 month I was told my brother changed the locks on me We both are on the deed he does not live thee what can I do because I’m coming home what rights do I have

James L. Arrasmith
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answered on Jan 22, 2024

Under California law, if you are a co-owner of the property as indicated by your name being on the deed, you have equal rights to access and use the property. Your brother, as a co-owner, does not have the right to unilaterally change the locks and deny you access to the property.

In this...
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2 Answers | Asked in Personal Injury, Products Liability, Real Estate Law and Insurance Bad Faith for California on
Q: Buyer agent did not inform me of Seller's insurance

I recently purchased a home for the first time. Today, six months later, we experienced heavy rainfall and there was a leak from the garage ceiling. I recently learned about a one-year seller’s insurance that could cover this, but I was not aware of it at the time of purchase. My agent, who... View More

James L. Arrasmith
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answered on Jan 22, 2024

Under California law, real estate agents owe a duty of care to their clients, which includes disclosing material information that could affect a client's decision-making in a real estate transaction. If your agent was aware of the seller's insurance that could cover such damages and... View More

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3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Civil Rights for California on
Q: I have cousins trying to to take my house that was left to me in a will by my grandma via notary Is that possible?
Julie King
Julie King
answered on Jan 21, 2024

Transferring real estate from one person to another must be done in writing and the document must contain specific language showing it was the intent of the owner to transfer their ownership to the other person. If your grandmother did so in her will, then it’s likely you won’t be able to... View More

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