How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask California Lawyer Your Own Question
California Lawyer
California Lawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 1036
Experience:  Licensed to practice law in California
19551178
Type Your Real Estate Law Question Here...
California Lawyer is online now
A new question is answered every 9 seconds

I was quick claimed onto the deed of a family home, sharing

Customer Question

Hi, I was quick claimed onto the deed of a family home, sharing joint tenancy with my mother and brother. Since his is the only name on the title, can he add someone else without our permission?Also, I have a lien issued by the California State Tax Franchise Board from 2014. My name only recently went onto the house. Can the lien be put on my residence now?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  California Lawyer replied 10 months ago.

Hello,

I will try and help, but I am confused. How did you acquire title? Are you saying you, your mother and brother all hold title jointly (joint tenants) with right of survivorship? What exactly is your brother trying to do?

Please let me know.

DCG

Customer: replied 10 months ago.
My mother and i both invested in the home, but our credit was not sufficient enough to add to the title. Recently, we finally quick claimed our names onto the deed, but not the title. Now, I believe he is planning to put his girlfriends name on our house. Can he do that without our permission? The joint tenancy is an investment as well as survivorship due to my mothers age and health
Customer: replied 10 months ago.
His name is ***** ***** the loan
Customer: replied 10 months ago.
Sorry, he may be planning to quick claim her onto the deed, not the title
Expert:  California Lawyer replied 10 months ago.

Hello,

First of all, its "quit claim". What that means is someone "quits" their interest in a property and gives it to you. You cannot add your name to a deed through a quit claim process, but the person who owns it can quit their claim and give it to you. So some of what you say is confusing.

Secondly, you do not need to have good credit to be on the deed (what the title to land is called). You do need good credit to be on the loan.

Lastly, your brother cannot "quit claim" someone onto a deed. If he is the sole owner on the deed, then he could re-deed the property and add her name to the deed, but that would require the consent of all other owners unless title (the deed) is held as tenants in common.

So what you are telling me does not make sense. Can you clarify?

DCG

Customer: replied 10 months ago.
Sorry, my mistake. My mother and I were 'quit claimed' onto the deed, as was he essentially making us all joint tenants. You have answered my first question, though, even if it seemed a bit muddled.
My other questions is this; can the Franchise tax board now put a lien on our house since I am now on the deed, even though I am not on the title. I hope this makes sense.
Expert:  California Lawyer replied 10 months ago.

Hello,

You did not indicate what the FTB would be liening for, but technically (and depending on the circumstances) they could lien any property you own. If you are on the deed, you are on the title and they are one in the same.

DCG

Customer: replied 10 months ago.
My name is ***** ***** the loan, does that make a difference? His is the name on the mortgage only
Customer: replied 10 months ago.
Rather, his is the only name that the mortgage company has
Customer: replied 10 months ago.
I owe state taxes of $20,000 but am disabled and have no income. The lien was placed against me although I had no assets
Expert:  California Lawyer replied 10 months ago.

Hello,

Nope, the loan is irrelevant. They want your interest in the property.

Now that you are on the deed, you have assets, and that is what the state is after.

I hope this helps.

DCG

Customer: replied 10 months ago.
thank you. I appreciate your time, That's all I have for you. Have a great weekend
Expert:  California Lawyer replied 10 months ago.

You too!!

DCG