Home arrow Mortgage Forums arrow Deeds, Property Transfer and Estate Planning arrow

(Brother & sister) vs. (Husband & wife) taking title as joint tenants

Author Message
Icon Mini Profile SunMoonChen





Joined: 16 Mar 2009

Posts: 2

1.62 Dollars($)
Post Posted: Mon Mar 16, 2009 6:58 pm    Post subject: (Brother & sister) vs. (Husband & wife) taking title
Like 0
Dislike 0

Brother & sister, as oppose to being husband & wife, would this fact prohibit them from taking title as joint tenants? Please explain why or why not. (Property in California)
I appreciate if anyone can help.
Thanks!
Icon Mini Profile jenkin7
jenkin7




Joined: 04 Jun 2007

Posts: 4537
Location: Hawaii
728.43 Dollars($)
Post Posted: Tue Mar 17, 2009 12:15 am    Post subject:
Like 0
Dislike 0

Hi SunMoonChen,

As far as I know joint tenancy form of ownership can be established between any persons in close relation. Thus, it can not only be established between a husband and wife, but can also be doen between a parents and children, and brothers and sisters. However, you may have to mention the joint tenancy clause clearly in the deed.
Icon Mini Profile SunMoonChen





Joined: 16 Mar 2009

Posts: 2

1.62 Dollars($)
Post Posted: Mon Mar 30, 2009 7:16 pm    Post subject: Thank you jenkin7!
Like 0
Dislike 0

I think you're right.
Icon Mini Profile savior70





Joined: 25 Mar 2009

Posts: 1895
Location: Florida
261.84 Dollars($)
Post Posted: Tue Mar 31, 2009 7:20 am    Post subject:
Like 0
Dislike 0

Hi

A joint tenancy is possible between any two people be it spouses or sister-brother. There are many instances where the siblings are listed on the title as joint tenants. So, sister-brother relationship is not gonna make any difference to the joint tenancy form of ownership between them.
SunMoon

Guest







Post Posted: Fri Apr 17, 2009 6:20 pm    Post subject: Thank you!
Like 0
Dislike 0

Thank you very much Jenkin7 and Savior70! I appreciate your inputs!
Maria

Guest







Post Posted: Tue Feb 02, 2010 12:07 pm    Post subject: home
Like 0
Dislike 0

Husband & me bought land for 30,000. My husband had credit problem so my brother signed for us. We also put a house on land. My brother has never put a penny into the house. My Husband died & for 12 yrs, Iv"e pd. morgage with money orders & ins. etc. Do I have any rights to this home. I'm sick over this!!!
Maria

Guest







Post Posted: Tue Feb 02, 2010 12:10 pm    Post subject: Home
Like 0
Dislike 0

What should i do. I would really appreciate some help, Thank You!!!
Icon Mini Profile sara
sara
Moderator



Joined: 05 Jul 2006

Posts: 2694
Location: New Brunswick, New Jersey
496.42 Dollars($)
Post Posted: Wed Feb 03, 2010 2:28 am    Post subject:
Like 0
Dislike 0

Hi Maria,

You need to check out whether or not the property deed has your name on it. If your name is mentioned in the deed, then you are one of the owners of the property and claim your ownership rights on that property.

Take care.

_________________
Find me at FB: http://www.facebook.com/people/Sara-Jones/100002976822020
Beth Martin

Guest







Post Posted: Sat Feb 13, 2010 6:49 pm    Post subject: Inheritance - Husband and Brother - Joint Owners
Like 0
Dislike 0

My husband and his brother inherited their parents 200 acre farm and house in Georgia and have put the deed in their names (tenants in common). What do I need to protect my interest and my son and grandchild in the event my husband dies before his brother. They also put the money in a joint checking account in their names and I am listed as the beneficiary of 50%. This is a touchy subject and my husband says that as his legal wife his part of evrything will automatically go to me or our son (if I pre-decease him). I have not seen the deed and I have nothing in writing that clearly states that I will inherit anything. Do I need to discuss with an attorney in Georgia?
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

Posts: 10460
Location: Nevada
987.57 Dollars($)
Post Posted: Sun Feb 14, 2010 10:59 pm    Post subject:
Like 0
Dislike 0

Hi Beth,

You and your son would be considered as the heirs to your husband's portion of the property. After your husband's death, you can file an affidavit of heirship and transfer the property in your name. Alternatively, you can request your husband to draft a will and declare you and your son as the heirs to the property. You can definitely consult an attorney in this regard.

Thanks
Quick Reply
Your Name
Subject
Image Verification


Can't read the image? click here to refresh
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Refinance Quotes
Call for Rates
888-485-7561
Speak to a lender now.

We will match calls to our toll free number with our network of lenders.

Ask Questions
Community Attorney
Joshua Heard - Attorney Joshua Heard
Houston, Texas






Highlights

Helpful References

Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Our Community

MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards

Five simple ways to earn money with the Mortgage Community.

New and upcoming tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool







We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0
Page loaded in 0.093 seconds.