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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 39502
Experience:  Texas Attorney for 30 years dealing in real estate
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I was on the deed to a house bought 3 years ago and given as

Customer Question

I was on the deed to a house bought 3 years ago and given as a gift to me by my father. I lived here and he did not. Both names were on deed until 30 days ago. He said he needed to get a loan to fix plumbing and couldn't do it with my name on it. In good faith I signed a quit claim and now he is telling me to leave and he is selling the house
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ray replied 11 months ago.
Hi and welcome to JA. Ray here to help you today. You need a local lawyer to file for divorce and put a lis pendens on the house.This will cloud title and you can claim that there was marital fraud in all so this.You are due half the proceeds from any sale.Your lawyer can also get temporary orders to give you the house to live in here while divorce is pending and for spousal support as well. You have rights here, he cannot sell it if you go and file divorce quickly and turn this around.You are going to need a family lawyer to do all of this. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 11 months ago.
Lawyer for you here http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx
Expert:  Ray replied 11 months ago.
Lis pendens explained, basically it i public notice that there is a dispute involving the property and clouds title here. https://www.google.com/search?q=california+divorce+and+lis+pendens&ie=utf-8&oe=utf-8 Please do not despair you have rights here, a divorce will get you a marital share of the property.
Customer: replied 11 months ago.
I am not married he is my father
Expert:  Ray replied 11 months ago.
Then you are going to need a lawyer to sue him for your share and file the lis pendens based on fraud here.You have rights through the courts, he frauded you here to get you to sign off on it. Lawyer for you here http://www.calbar.ca.gov/Public/LawyerReferralServicesLRS.aspx You can sue here for the property or value of it in this situation.Your father cannot just take this away by fraud and deceit.You have rights to it.
Expert:  Ray replied 11 months ago.
It would be a suit to quiet title and the lis pendens to stop the sale. http://www.calrealestatelawyersblog.com/2012/08/california-quiet-title-actions.html Thanks for letting me follow up and clarify.
Expert:  Ray replied 11 months ago.
Deceit and fraud are defined separately in statutes. Deceit is defined in Civ. Code §§1709 and 1710, while fraud is defined in Civ. Code §§1572 (actual fraud) and 1573(constructive fraud). Liability for actual fraud under Civ. Code §1572is limited to acts committed by or with the connivance of a party to a contract with the intent to deceive another party to the contract and induce that party to enter into the contract.Deceit: One who willfully deceives another with intent to induce the other to alter his or her position to his or her injury or risk is liable for any damage suffered as a result of the deceit. [Civ. Code §1709] There are four categories of deceit [Civ. Code §1710]:the suggestion, as a fact, of that which is not true, by one who does not believe it to be true, commonly referred to as intentional misrepresentation;the assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true, commonly referred to as negligent misrepresentation;the suppression of a fact, by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact, commonly referred to as concealment; anda promise, made without any intention of performing it, commonly referred to as false promise.Actual Fraud: Actual fraud consists of any of the following acts, committed by or with the connivance of a party to a contract with intent to deceive another party to the contract, or to induce the other party to enter into the contract [Civ. Code §1572]:the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;the positive assertion, in any manner not warranted by the information of the person making it, of that which is not true, though the person making the assertion believes it to be true;the suppression of that which is true, by one having knowledge or belief of the fact;a promise made without any intention of performing it; andany other act fitted to deceive.Constructive Fraud: Constructive fraud consists of any breach of duty which, without actual fraudulent intent, gains an advantage to the person in fault, or any one claiming under the person in fault, by misleading another to the prejudice of the person misled, or to the prejudice of anyone claiming under the person misled. [Civ. Code §1573(1)] In addition, constructive fraud consists of any act or omission that the law specially declares to be fraudulent, without respect to actual fraud. [Civ. Code §1573(2)]Election Of Remedies: A plaintiff who has entered into a contract in reliance on the fraud of a defendant may elect either the contract remedy, consisting of restitution based on rescission of the contract, or the tort remedy, by affirming the contract and seeking damages. A plaintiff can file a complaint stating causes of action in both contract and tort, but may be required to elect one remedy or the other at some time before judgment.
Expert:  Ray replied 11 months ago.
You can also seek damages under these laws above as he frauded you and deceived you along the way.Lawyer can seek legal fees and costs.

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