Can you quiet title to personal property

As an example of a quiet title, there could be a Contractor whose primary job is flipping a house, meaning that Contractor A purchases a home for a low price, makes necessary home improvements, and then turns around and sells the home for a profit.

Thus, the home may have liens against the house or unpaid debts. To make sure that the buyer can own the home free and clear when purchasing, the Contractor will bring a quiet title action to court to essentially bump up their ownership of the home above other previous owners.

The action will be published publicly, usually in a newspaper or other public publication, which allows any other contested owners to come forward and make their claim to the property. Once sufficient time has passed or other owners have been dealt with accordingly and there is one clear owner, the title is considered quiet.

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A quiet title suit may be necessary when the chain of title is disputed or broken due to an error in conveyancing. A strict set of rules governs how a new link can be created. These rules ensure that the true owner of the property can be identified at any time by an examination of public records, thereby preventing false claims of ownership.

In order for a system of private property rights to function properly, there must be stability and certainty as to the ownership of real property. If there is the slightest doubt or confusion as to ownership, title companies will not issue title policies and buyers will not buy. In other words, the chain of title must be fully intact. A technical title defect is a break in the chain of title that causes problems with selling or refinancing the property, even though there is no real challenge to ownership.

Here is an example of how the chain of title can be broken, even when everyone knows who really owns the property:. Great Grandpa died owning the Family Farm. He did not have a written will. Instead, his kids just divided up the Family Farm based on his oral instructions.

However, record title was still held by Great Grandpa. A few years later, the kids sold the Family Farm to a neighboring landowner. The neighbor did not discover that record title was still held by Great Grandpa. Not only that, the kids drew up the deed themselves, and they accidentally left out a acre tract of land in the middle of the Family Farm.

Twenty years later, the neighbor died. When there are co-owners of real property, they may bring a cause of action under California new requesting the court to divide or partition the property amongst interested parties.

Under C. P A partition action will not create a new title but instead allows the court to divide the property between interested parties equitably. P Section Bringing a partition or quiet title action in the State of California can be difficult. You must meet all of the requirements under the California Code of Civil Procedure. Failure to provide adequate information in your complaint can result in the dismissal of your case.

Attorney Steffanie Stelnick understands the importance of your interest. She will fight hard to protect your rights and your investment. Contact the Law Offices of Steffanie Stelnick today at for a free evaluation.