<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by sybil:
My husband purchased a home in California. He took it as separate property but immediately granted it to both of us as community property. We immediately recorded this deed. About 8 months later, we were in financial difficulty and had to move to Florida. We tried to rent the home but then "sold" it to a man & wife. However, only my husband signed the grant deed; not me. The loan on the home is still in my husband's name. The buyers have not done what they were supposed to do and now we want the home back. It seems that Calif Family Code Section 1103 states that I can void my husband's grant deed and file a quiet title action. Is this possible?<HR></BLOCKQUOTE>
Please explain how the property was sold. If in fact by way of a deed then the property was sold subject to the mortage which is very unusual. In most cases where the existing mortgage is intact, the sale is by way of a land sales contract, contract for sale or some form of a lease option instrument. In this type of transaction the Seller still retains legal title and the Buyer for the most part has equitable title. It is a moot point that only your husband signed the coveyance document because you also intended to sell and you are trying to get the property back anyway. How to get back the property would depend on how the property was sold. If by way of a deed as you have stated it will be complicated. If the property was sold via a contract form, you would need to file a "foreclosure action" to cancel the contract. This action is enirely separate from a quiet title action. Due to the complications and you living in Florida, you need to hire an attorney in California to help you.
