QUESTION
can i just file a partition action or do i need to file for quiet title action?
Asked on Aug 27th, 2015 on Real Estate - California
More details to this question:
i signed a quick claim deed over to my sister because my mom gave me and my sister her house when she died and i was going thru a divorce. my sister didnt want my husband at the time to get it. she never filed the quick claim deed. this happen in 1987 she said she was going to return it after but she didnt. since my name is still on the title can i just file a partition action?
2 ANSWERS
Estate Litigation Attorney serving Redlands, CA
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In this situation, you should file a quiet title action requesting that the court determine the title to the property. The quitclaim deed that you signed over to your sister does not have to be recorded in order to be valid and can be raised by your sister as a defense to any partition action. Along with the quiet title action, you can also sue for declaratory relief, accounting, and a partition action. You are required to bring all your causes of action against the defendant at the same time.
Answered on Aug 29th, 2015 at 12:56 PM
2 Awards
At this point a partition action is probably sufficient. If the deed that you provided is raised as a defense to the partition action you can always amend to include a claim for the title issue.
Let me know if you would like assistance.
Thanks,Jon
Answered on Aug 28th, 2015 at 1:30 PM