In 2002 my wife paid a good price for a 40 Acre parcel between Hearst Castle, CA & Lake Nacimiento (just land with oaks/pines). By her trusting agreement with my distant cousin, the deed was placed in my distant cousin’s name (blunder)…only to be a TEMPORARY situation. Today, however, my cousin-turned-knucklehead REFUSES to sign the deed to my wife who INDEED payed full price for the property, but is anxious to sell it. We got a lis pendens on the property (to protect it), but we need to sell her 100% interests NOW, but her name is NOT on the deed. HA! Does any kind soul know of some way that she can sell solely her 100% interests, and can she quitclaim those interests to a buyer? Obviously, she would have to guarantee the title. Somehow, the so-called “RE ATTORNEYS” I spoke to say it’s “impossible” for her to sell her interests. I don’t believe it, & have found some attorneys to be nincompoops as well. Can she quitclaim this property, and how can this be done? Thanks folks.
You have only one solution – court. There is zero chance of selling an interest on a property you don’t own – and your wife doesn’t own it. Let’s hope she has paperwork documenting your claim. Good luck.
Da Wiz
Thanks for the reply, Wiz: The weird thing is that we have, and have had since day one the only access (keys to the gates) to the property from day one (of course) she payed for it. We have maintained the roads there, bulldozing, etc. and have enjoyed it since she bought it. And, of course, we filed suit in order to get a lis penden. But isnlt the function of a " quitclaim deed" one that guarantees nothing while releasing “INTERESTS” that a person MAY HAVE in the property, whether name is on deed or not…such as in the case of CA law whereby a wife whose name is NOT on a deed can sell her interests?
THanks!
CA Man, no one is going to touch this in their right mind (in terms of selling interest in a property that may exist in your opinion). The (sad) fact of the matter is the public record says your cousin is the owner. You have to go court and prove ownership and you have a real uphill battle. Having access/keys to the property, ect means nothing. At this point, you are just a tenant of the property.
Best of luck.
Without full documentation (e.g., a lease, ownership docs, etc…) you might be considered a squatter!
At this point, you may be doing improvements to land that you may NEVER see bear fruit…
Keith
Not legal advice, just my opinion!
Dear KD: That’s also a last-ditch considerration. Thanks.
I finally made headway on this yesterday with an attorney skilled in the area. In CA the law is that any person who intended to take beneficial interest after consideration has been paid (especially being full-price payment), the law presumes that the person who payed for the property INTENDED to take beneficial interest, and that the person holding title is holding “INTERIM TITLE” as a “TRUSTEE” (INvoluntary). This is known as a “PURCHASE MONEY RESULTING TRUST” when the “INVOLUNTARY TRUSTEE” MUST convey or deed the property. Of course, this is out of the mouth and experience of an attorney skilled at “resulting trust” type issues. HOw this works in other states. is something else.
ALso, the quitclaiming the property (I have occupied it for eleven years), is not only legal but appropriate. THe property HAS to be conveyed, this attorney says. THe titleholder in this case is merely a trustee. Thanks
CA Man,
You mentioned your “trusting” agreement with her cousin. Did you mean “trust” agreement that is in writing, or her verbal agreement based upon trust?
If it was the latter, I think the advice you received from the attorney was incorrect. A verbal agreement has no legal standing in a real estate transaction.
Da Wiz