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property from their own income. The real property taxes and
insurance on the Alisal property were paid from an escrow account
at Southern California Federal that was funded with a portion of
petitioners' mortgage payments. Furthermore, petitioners and
their children have been the sole occupants of the Alisal
property since the time of its purchase in 1990.
Haluk and Aysun have made no payments, either directly or
indirectly, in connection with the Alisal property for the
mortgage, repairs, maintenance, or otherwise. They have not
acted in such a manner that would be consistent with an ownership
interest in the Alisal property. Haluk and Aysun have made no
claim of ownership interest in the Alisal property since the time
of its purchase. Furthermore, Haluk testified at trial that the
sole reason he and Aysun procured legal title to the Alisal
property and obtained a mortgage loan secured by such property
was to assist petitioners in obtaining the Alisal property for
petitioners' residence. Additionally, during 1995, Haluk and
Aysun executed a quitclaim deed transferring legal title to the
Alisal property to petitioners.3 This quitclaim deed, however,
was not recorded. At trial, Haluk testified unequivocally that,
even though he and Aysun recognized their liability on the
3
The face of this quitclaim deed stated that it was "Ratified
4/9/90", which the Court surmises was intended to make the
quitclaim deed retroactive to the date of the initial purchase of
the property.
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Last modified: May 25, 2011