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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34275
Experience:  12+ yrs. of experience including real estate law.
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I put my home home 1/2 into my Son' name as he agreed to pay

Customer Question

I put my home home 1/2 into my Son' name as he agreed to pay and handle the taxes. I found out last week he hasn't abided by his agreemen for the last 2 years. I went to the assor today and paid over 5,000. In back and present taxes. How would I go about taking his name off the deed. He has deceived me. Please let me know what Ineed to do. What steps to take.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California. Nevada County
JA: Has any paperwork been filed?
Customer: Just two yeas ago hen I added his name at the recorders office
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 6 months ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 6 months ago.

Can you tell me, is this agreement (between you and your son) in writing? If not, why not?

Customer: replied 6 months ago.
I was not in writing. I just trusted him to stand by his word. It is recorded with the Nevada County Recorder Office. I now want to remove his name from the deed. What should I do?
Expert:  P. Simmons replied 6 months ago.

Thanks...Iahve some thoughts and will type them up...a few mins please...

Expert:  P. Simmons replied 6 months ago.

THanks for your patience

Not putting this in writing was a big mistake.

Under NV law, specifically the statute of frauds, the verbal agreement you had is void (you can not have a verbal agreement over title to real property...they are void as a matter of law)

So there is no way to change title back

That said, you can consider filing an "unjust enrichment case" against your son to recover money you had to pay on his behalf to maintain the property...the law would allow you to sue for the money you had to pay for him to keep this property from being seized by the county for late taxes)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 6 months ago.
This is California. Not NV. Does that make a difference?
Expert:  P. Simmons replied 6 months ago.

No...every state as the same rule....the CA statute of frauds will prevent your verbal agreement from being enforced...but you CAN sue in CA for unjust enrichment.

Customer: replied 6 months ago.
What if he verbally admits the verbal agreement we had?
Customer: replied 6 months ago.
I am probably going to have to sue.
Expert:  P. Simmons replied 6 months ago.

Sorry for the delay...I was called away.

Even if he admits, it does not matter...the statute of frauds makes that agreement void
But you can sue to recover the money you had to pay to keep the property from the tax man...that would be relatively easy to accomplish

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