How To Use a Quiet Title Claim to Get On Title to Real Property

One of the more frequent scenarios we see in our real estate practice in Los Angeles is a party’s desire to be placed on title to real property even though record title is not in their name. The typical factual scenarios we see are:

  • Two people purchase a property together but only one of them actually goes on title because one of the two people has bad credit;
  • A boyfriend or girlfriend takes title to property in their name alone even that the significant other contributes half of the down payment and expenses for the property – and then a break up occurs…;
  • A family member agrees to go on title to a property because another family member has credit or has other valid reasons for not wanting to go on title to the property.

Over the last 10 years we have litigated nearly many different variations of the factual scenarios set forth above.  In each case, we always have to take in account the evidentiary presumption that the owner of legal title is presumed to be the owner of full beneficial title.  Specifically, Evidence Code 662 provides:

“The owner of the legal title to property is presumed to be the owner of the full beneficial title. This presumption may be rebutted only by clear and convincing proof.”

Depending on which side of the case you are on this presumption can be useful or problematic.  Ultimately, we always look for a writing, witnesses, and other evidence that will help prove the full beneficial owner.

To inquire about a free consultation on your quiet title matter, please contact us today.  We have extensive experience in this area of law and know the ins and outs of quiet title matters at a level that is hard to match  given the frequency with which we litigate these matters.  310-954-1877.

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Posted in Ownership, Quiet Title

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