Detailed Answer
Short answer: To confirm your percentage ownership of your parents’ real property in California, you must inspect the recorded deed and title records, review any trust or probate documents, and (if needed) obtain a professional title search or legal help. The precise percentage depends on how the property is owned (for example: tenancy in common, joint tenancy, community property, trust ownership, or a recorded transfer-on-death deed).
1. Start with the recorded deed and public records
Property ownership is established by the deed and by what is recorded with the county recorder. Obtain a copy of the current deed from the county recorder’s office where the property is located. The deed language often tells you how the owners hold title:
- Tenancy in common — each owner (a “tenant in common”) owns a share. If the deed does not state specific shares, courts commonly treat shares as equal among the co-tenants unless evidence shows otherwise.
- Joint tenancy — owners hold equal shares with a right of survivorship; shares are typically equal.
- Community property — if parents are married and the property is community property, each spouse generally has a 50% interest unless the deed says otherwise. (See California Family Code § 760.)
- Trust ownership — if the deed shows the property is held in a trust (e.g., “John Doe, Trustee of the Doe Family Trust”), the trust document controls how the beneficial interests are divided. Trusts are private; the trustee can produce the trust or a summary of beneficiaries and percentages.
- Transfer-on-death or TOD deed — a recorded transfer-on-death deed can name a beneficiary who receives title only on the transferor’s death; it does not create current ownership shares.
Useful official resources:
- California Family Code (community property): Cal. Fam. Code § 760
- California Probate Code (table of contents for trust and TOD provisions): California Probate Code — Legislative Information (table of contents)
- California Courts (self-help resources): California Courts Self-Help
2. Order a preliminary title report or full title search
A title company or a real estate attorney can run a title search and prepare a preliminary title report. That report will show:
- Who is the recorded owner(s) and how title is held;
- Recorded liens, mortgages, easements, or other encumbrances;
- Any recorded documents that change ownership (deeds, transfer-on-death deeds, declarations of trust, etc.).
Title companies have access to the full chain of title and are helpful in interpreting ambiguous deed language.
3. Review estate planning documents
If the property belongs to a trust, review the trust document to see how the trustee must distribute beneficial interests. If the property is owned personally but your parents have a will, the will may direct how their share is distributed at death (subject to community property rules and other California laws).
4. If the deed is ambiguous or ownership is disputed
When deed language doesn’t state shares, or family members disagree, typical steps include:
- Ask the current owners (your parents) for clarification and for copies of deeds and trust documents.
- Obtain a written title report from a title company.
- If still unresolved, a quiet title action in court can establish ownership or the exact percentage shares. A quiet title action is a lawsuit and requires legal representation. County courts and local legal aid can explain the court process.
5. Practical checks before a sale
To prevent an unexpected sale you believe is improper:
- Check the county recorder for recent filings (deeds, liens); recorded documents are public.
- If your name (or your legal interest) appears on title, a sale usually requires your signature or consent unless other documents (power of attorney, trustee authority) permit sale without your approval.
- If you believe a sale will occur improperly, consult a California real estate or probate attorney promptly about options such as a temporary restraining order or lis pendens (which requires a pending lawsuit).
6. Typical scenarios and how ownership percentages are determined
- If deed lists two parents as “John and Jane Doe, as joint tenants” → each has an equal share (50% each).
- If deed lists two parents as “John and Jane Doe, tenants in common” and does not specify shares → courts usually assume equal shares unless deed or other evidence specifies otherwise.
- If property is titled in one parent’s name but is community property (acquired during marriage and not separated) → the non-titled spouse may still have a 50% community interest under Family Code § 760.
- If deed names a trust as owner → the trust controls distribution; beneficial interests may differ from legal title and you must see the trust document to confirm percentages.
Helpful Hints
- Get the exact legal description and parcel number from the deed or assessor—this ensures you pull the correct records.
- Visit the county recorder’s website (or office) for the county where the property sits to pull recorded deeds and documents. Many counties allow online searches.
- Ask the seller or owners to provide a copy of the recorded deed and any recent title or escrow documents before any sale closes.
- Order a preliminary title report from a reputable title company early. It is typically inexpensive and clarifies ownership and liens.
- If a trust owns the property, politely request the trustee to provide the trust or a certified excerpt that shows beneficiary shares.
- If you suspect fraud or an imminent improper sale, consult a California attorney immediately—time-sensitive remedies exist.
- Keep copies of every recorded document you rely on; records you obtain from the county recorder are the primary evidence of ownership.
- Remember that assessor records show who the county believes owns the property for tax purposes but may not definitively resolve ownership percentages.
When to get a lawyer
Talk to a California real estate, probate, or trust attorney if:
- Recorded documents are unclear or conflict;
- You cannot obtain trust or deed documents from a trustee or owner;
- Someone is trying to sell the property and you dispute their right to do so;
- You need to file a quiet title action or seek an emergency court order to stop a sale.
Disclaimer: This article explains general California law information and practical steps; it is not legal advice. Laws change and every situation is different. Consult a licensed California attorney for advice about your specific circumstances.