My brother in law took the title away from y husband while under severe deress .

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My brother in law took the title away from y husband while under severe deress .

Last november my brother in law took the
title away from my husband while he was
very ill,and under deress. California
has a law for community property.do i
have any rights to the home

Asked on July 24, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can challenge the transaction if you can show, such as by medical evidence (e.g. the testimony of doctors who were treating your husband at the time) thatyour husband was not mentally competent (e.g. due to the illness or medication he was on) at the time he agreed to this. Or if you can show that the "duress" was actually illegal threats, such as of violence or blackmail. But if he was mentally competent and it was just a bad decison on his part, or if he gave into his brother repeatedly asking him but the brother never made illegal threats, there is most likely nothing you can do.


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