What is a Quiet Title Action Alleging Co-Ownership?
Quiet Title in California is under the authority of the California Code of Civil Procedure §760.010 – §764.010. Quiet title actions are one of the most common types of real estate litigation. A quiet title action (also known as action of quiet title) is a lawsuit filed to establish or find resolution of title to real property between adverse parties. Quiet title causes of action arise when multiple parties claim ownership of or title to a property, and an owner seeks a declaratory judgment from the court “quieting title.” Indeed: “A bona fide purchaser without notice may seek a legal determination through a quiet title action that the title it obtained remains free and clear of any adverse interest in the property.” Vasquez v. LBS Financial Credit Union (2020) 52 Cal.App.5th 97, 107. Quite title actions are used to establish a clear title, remove unknown parties, or challenge anything clouding the title on property ranging from commercial to residential and even vacant land. As explained in our blog post on title vs. deed, a party in a quiet title action can be added to title regardless of whether the record owner executed a deed. Ownership and title disputes can thus be resolved through a quiet title action.
Our attorneys bring great expertise to partition actions in California alleging co-ownership. This includes actions where one party is on the deed, but another party alleges that two or more owners should be on title.
When to File a Quiet Title Action Alleging Co-Ownership
There are many reasons why quiet title actions when there are allegations of c0-ownerships. Some common reasons include:
- Constructive Trust
- Resulting Trust
- Mistakes in Escrow
- Tenant-in-Common Agreement that is Unrecorded
When a quiet title action is filed successfully, they typically result in a court order that establishes exactly which parties have a valid co-ownership interest in the property in question. If you are involved in a conflict over ownership of a property or who has a legitimate claim to it, a quiet title action may be appropriate.
The Process of a Quiet Title Action
Quiet title actions must be filed in local Superior Court where the real property, or any part of it, is located. To begin the lawsuit, the plaintiff (usually the lender or homeowner) files a complaint with the court followed by a Notice of Pendency of Action (Lis Pendens), meaning “notice of pending action,” that is recorded with the county recorder and filed with the court. The complaint must be verified and the complaint must cover several requirements:
- A description of the property subject of the quiet title action
- The plaintiff must name as defendants all persons known or unknown claiming an interest in the property
- 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
- The adverse claims to the plaintiff’s title
- Whether the title is being determined as of the date of the complaint or another date
- A prayer for the determination of the plaintiff’s title against adverse claims
In response to the complaint, the defendant files an answer, which also must include certain necessary information, such as:
- Defendant’s claim to the title
- Facts in dispute
- Statement of any new information creating a defense to the action
Once both sides have presented their information and claims, the court makes a resolution and issues a judgment that binds all of the parties involved. The title company must receive the judge’s order and all related documents in order to issue the title policy for the property.
When to Consult a Quiet Title Lawyer for Co-Ownership Disputes
The main objective of a quiet title action is to attain clear ownership of the property, and to settle any flaws found in a property title search. Filing an action for a quiet title is not always easy and straightforward. A skilled attorney who specializes in real estate examine your title, can review title search results and is able to assist in obtaining a title insurance policy. This will ensure that you are protected against possible clouds on title and will know exactly what needs to be done to clear any title defects. Because conflicts in property ownership may possibly lead to litigation, it is wise to consult a partition attorney regarding your case.
Contact a Quiet Title Co-Ownership and Partition Attorney in California Today
No one should be fighting a quiet title battle on their own. Our real estate partition action attorneys have vast experience in quiet title co-ownership actions with cases throughout the State of California, including Los Angeles, Orange County, San Francisco, Riverside, San Diego, San Jose, Sacramento, Fresno, and Surrounding Areas in California. Call the experienced real estate attorneys at Talkov Law at (844) 4-TALKOV (825568) or contact us online for a free consultation about your case!
- Los Angeles Partition Attorney
- Orange County Partition Attorney
- San Diego Partition Attorney
- San Francisco Partition Attorney
- Riverside Partition Attorney
- Palm Springs Partition Attorney
- San Bernardino Partition Attorney
- Palo Alto Partition Attorney
- San Jose Partition Attorney
- Sacramento Partition Attorney
- Fresno Partition Attorney
- Santa Barbara Partition Attorney
- Redding Partition Attorney
- Oakland Partition Attorney
- Monterey Bay Partition Attorney
- Walnut Creek Partition Attorney
- Santa Rosa Partition Attorney
- San Fernando Valley Partition Attorney
- San Gabriel Valley Partition Attorney
- Bakersfield Partition Attorney
- Long Beach Partition Attorney