Articles Posted in title

Is Title Determinative (In re Marriage of Valli (2014) 58 Cal.4th 1396)? 
Underwood Law Firm, P.C.

In California, title is determinative in some instances. This means that a court’s characterization of property in a marital dissolution proceeding determines the division of the property between spouses. How a property is titled may also affect the property’s protection from creditors, taxes, and the probate process. Understanding how and when title is determinative is…

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What Does “Color of Title” Mean?
Underwood Law Firm, P.C.

The purpose of this article is to explain the term “color of title.” This is an important concept in real property disputes because it means some has apparent title to property based on a written instrument, but that title is actually defective. What is Required to Show Color of Title? Color of title gives the…

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A Guide to the Marketable Record Title Act (Civ. Code § 880.020)
Underwood Law Firm, P.C.

The Marketable Record Title act provides a statutory time limit to eliminate certain liens. Specifically, the purpose is to enhance the marketability of property by fixing an expiration date for certain interests, which are generally ancient mortgages, deeds of trust, unexercised options, powers of termination, unperformed contracts for the sale of real property, dormant mineral…

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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. The…

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