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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40991
Experience:  Texas Attorney for 30 years dealing in real estate
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Can a judge reverse a property deed when names were added

Customer Question

Can a judge reverse a property deed when names were added after a mental capacity letter states she has begining stages of dementia? My mom added us girls on to her deed so the county will not sell her property thru conservatorship, cuz the house had been abandoned for years..they say to pay for her cost of taking care of her?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ray replied 10 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 10 months ago.

You would have to file suit to quiet title and seek to be awarded the property if there is a title dispute.In California the court has legal authority to clear a title and award it to you here.The purpose of a quiet title action is to establish title against adverse claims to real property or any interest in the property. [Code Civ. Proc. §760.020] The remedy of quiet title can be combined with other causes of action or other remedies. In an action or proceeding in which establishing or quieting title to property is in issue, the court may, in its discretion and on the motion of any party, require that the issue be resolved pursuant to the Code Civ. Proc. provisions relating to quiet title actions. [Code Civ. Proc. §760.030]

A quiet title action must be brought in the superior court of the county in which the real property is located. Once the action is before the court, the court has complete power to determine title issues. [Code Civ. Proc. §§760.040, 760.050.

A complaint to quiet title must be verified and must contain all of the following information [Code Civ. Proc. §761.020]:

    1. a description of the property that is the subject of the action. This must include both the legal description and the street address or common designation, if any.
    2. the title of the plaintiff as to which a determination of quiet title is sought. If the complaint is based on adverse possession, the complaint must allege the specific facts constituting the adverse possession.
    3. the adverse claims to plaintiff’s title.
    4. the date as of which the determination is sought. If the determination is sought as of a date other than the date the complaint is filed, the complaint must include a statement of the reasons why a determination as of that date is sought.
    5. a prayer for the determination of plaintiff’s title against the adverse claims.

The plaintiff must name as defendants all persons known or unknown claiming an interest in the property. [Code Civ. Proc. §§762.010, 762.020] Any person who claims an interest in the property can join in the action, whether or not named as a defendant. [Code Civ. Proc. §762.050]

You will need a local lawyer to file such a suit and seek to be awarded clear title.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 10 months ago.

You have the right here to fight for clear title here in a suit to clear title under California law.

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