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What claims exist in property law to claim ownership on a piece of real property?

Los Angeles, CA |

I used to be in business with a partner where we would buy and sell real estate. The properties were put in his name but we both paid for them. Now he is suing me on the basis of quiet titleand saying I have no interest in them. If I can show at trial that my money was used to pay for the property what claims exist out there which would entitle me to an ownership interest? I have heard of conversion, constructive trust, and breach of fiduciary duty - are there any more? thank you

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Attorney answers 4

Best Answer

In addition to the imposition of a constructive trust, you can seek an order declaring a "resulting trust." A resulting trust arises where one person gives money to another who takes title to the property. The person who took title is deemed to be holding the property in trust for the silent partner. You also have claims for breach of the partnership/joint venture agreement.


If you are asking for what claims you my have against him, then fraud and misrepresentation would also be available to you.


I agree with the previous answer and would add unjust enrichment.

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I would add that you may have a cause of action for unfair business practices under 17200, and breach of partnership agreement, if there is one. If he is doing this knowingly and maliciously, you may also want to add intentional infliction of emotional distress.

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