Articles Posted in Tag: real estate deed

Code of Civil Procedure (CCP) Section 872.220—Title Report
Underwood Law Firm, P.C.

The California Partition Law begins at Code of Civil Procedure section 872.010 and ends at Code of Civil Procedure section 874.323. Section 872.220 requires that the plaintiff state the existence and location of a title report if they have procured one. A title report includes a preliminary report, guarantee, binder, or policy of title...

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What are the tax implications when one co-owner sells to another (Rev. & Tax. Code § 62)?
Underwood Law Firm, P.C.

There are two common ways an individual can own property: (1) as a tenant in common or (2) as a joint tenant. In California, there is a presumption that the co-owners of a piece of property are tenants in common unless the deed expressly states that the co-owners are joint tenants. In a joint...

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What is a Trust (Boshernitsan v. Bach (2021 61 Cal.App.5th 883)?
Underwood Law Firm, P.C.

“A trust is any arrangement which exists whereby property is transferred with an intention that it be held and administered by the transferee for the benefit of another.” (Higgins v. Higgins (2017) 11 Cal.App.5th 648, 662.) Essentially, a trust is a legal relationship that allows a person to hold property for the benefit of...

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Can One Owner Force a Sale of a House?
Underwood Law Firm, P.C.

Generally, a co-owner of real property may commence an action in a partition. Owners of an estate of inheritance, a life estate, or an estate for years who hold such interest concurrently or in successive estates may seek to partition the property. (CCP § 872.201(a)(2).) Those with concurrent interest in the property may partition...

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What is a Deed?
Underwood Law Firm, P.C.

A deed is a legal instrument, evidenced in writing, to confirm the ownership interest or legal rights of an owner of real property. Essentially, a deed is necessary to determine the titleholder of a piece of real estate. Moreover, a deed grants an owner of real property legal rights to convey, sell, or transfer...

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What is a “legal description” of real estate (Civil Code section 1092)?
Underwood Law Firm, P.C.

A property’s legal description is an essential element of any property transfer, and it serves as the basis for most property-based lawsuits. Quiet title summons, partition complaints, and lis pendens notices must all contain legal descriptions, just to name a few. Funnily enough, however, despite the legal description importance, there is no standard form...

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What are the different types of real estate (Civil Code section 765)?
Underwood Law Firm, P.C.

An estate is categorized by the duration of time one holds an interest in the estate. For example, an estate acquired through inheritance is categorized differently from an estate for years. There are three different ways an estate can be categorized, which is codified in California Civil Code section 765. Essentially, section 765 categorizes...

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10 Things Every Realtor Needs to Know About Partitions
Underwood Law Firm, P.C.

While it may not be obvious, a sizeable portion of the work that real estate agents and realtors do is court-ordered. Real estate law is a massive field, and often, the disposition of litigation results in the court forcing the sale of a property, be it a business, home, condominium, etc. As such, many...

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What Is a Real Estate Investment Trust (Corp. Code section 23000)?
Underwood Law Firm, P.C.

In California, a real estate investment trust is “any unincorporated association or trust formed to engage in business and managed by, or under the direction of, one or more trustees for the benefit of the holders or owners of transferable shares of beneficial interest in the trust estate and (1) that formed for the...

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What is a disclaimer of interest (Probate Code § 278)?
Underwood Law Firm, P.C.

When a loved one passes away, probate proceedings are hopefully not the first thing on their relatives’ minds. Probate is, however, an inevitability, even when a trust is present and effective. But inheritance is not always the blessing that the public conscious imagines it to be. The simple truth is that owning property in...

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What is a Heggstad petition (Estate of Heggstad (1993) 16 Cal.App.4th 943)?
Underwood Law Firm, P.C.

A Heggstad petition is a unique legal maneuver in probate court that a party can use to establish the existence of a trust. Normally, if a party wants to show that the property at issue is in a family trust, they have to produce evidence of a transfer of the property into the trust....

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What is a Deed of Trust? (CCP § 2924)
Underwood Law Firm, P.C.

A deed of trust is a commonly used mortgage document in California. Essentially, a deed of trust provides a lender with security for the repayment of the loan and effectively functions similarly to a mortgage. A deed of trust is a deed that transfers a legal interest in a piece of real property owned...

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What is Adverse Possession (CCP § 323)
Underwood Law Firm, P.C.

In California, a person can claim title to a piece of real property that they are not a titleholder to through adverse possession. Adverse possession requires a person to be in use of a particular piece of real property for the required statutory period. An adverse possessor, however, does not become the titleholder of...

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Can you partition trust property? (CCP § 873.840(c))
Underwood Law Firm, P.C.

In California, property subject to a trust can be partitioned, though with some additional wrinkles to the regular partition process. Because trusts can often involve successive estates with future and present property interests, litigants should take care to understand the law regarding trusts before beginning such an action. At Underwood Law Firm, our attorneys...

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What is an Ejectment Action? (CCP § 3375)
Underwood Law Firm, P.C.

Ejectment is an action brought by a party seeking to recover a possessory interest or claim of title in a piece of real property. Typically, an ejectment action arises when a titleholder to a piece of property has been wrongfully excluded or withheld from the property. Therefore, ejectment applies only to those cases where...

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A Guide to California Joint Tenancy (Milian v. De Leon (1986) 181 Cal.App.3d 1185)
Underwood Law Firm, P.C.

“Joint tenancy” is a phrase that most people associate with the co-ownership of a property. And indeed, this is correct. Joint tenancy is a form of co-ownership in California, second only to tenancies-in-common in terms of popularity. But just because the words “joint tenancy” are used in a deed or other property-related document does...

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What is the Statute of Frauds? (Code of Civil Procedure section 1624)
Underwood Law Firm, P.C.

In most breach of contract actions, the court must find that a valid contract has been created. There are several requirements that need to be fulfilled in order to have an enforceable contract. In certain circumstances, evidence of the existence of a contract in writing is required for the contract to be valid. In...

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When can a deed be rescinded? (Civ. Code § 3412)
Underwood Law Firm, P.C.

The deed to a property is the most important document a property owner has. It describes the title and its associated rights while operating as the conveyance of property itself. For that reason, the law presumes the validity of deeds without defects on their face. But that does not mean that every deed is...

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What is Escrow? (Civ. Code § 1057)
Underwood Law Firm, P.C.

An escrow is a tool used in real estate transactions to ensure that the purchase and sale of property occur as intended. At its core, it is merely the “holding” of significant property documents (like the deed) and the down payment for a piece of property. This ensures that the actual purchase of the...

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What is a lis pendens? (CCP § 405.21)
Underwood Law Firm, P.C.

A lis pendens – also called a notice of pendency of action – is a special type of legal document filed with a county recorder. Though its use is limited to lawsuits involving real property claims, its effect is powerful. Once recorded, it acts as “constructive notice” to all persons who would subsequently acquire...

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What is the difference between a grant deed and a gift deed? (Civ. Code § 1113)
Underwood Law Firm, P.C.

The deed to a property is the most important document a property owner has. It describes the title and its associated rights while operating as the conveyance of property itself. But not all deeds are the same. While grant deeds and gift deeds are incredibly similar, their differences can inevitably lead to legal disputes....

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