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Guest

If two people are are named on a grant deed and one dies, does the dead persons will determine who gets his half?

jameshogg · Posted: Mon Nov 03, 2008 1:15 am Post subject:

Hi h. valliere!

If the deceased person had left a will, then the will decides as to who gets the his half of the property.

Thanks

Guest

A husband and wife owned property in California as joint tenants. They later divorced. Does divorce cancel the right of survivorship under California law.

jameshogg · Posted: Wed Nov 05, 2008 11:04 pm Post subject:

Hi Louise!

Yes, according to the laws in California, once a husband and wife are divorced, it will cancel the right of survivorship under a joint tenancy.

Thanks.

Guest

When we bought my sister's condo in San Francisco we did not request the deed be recorded as joint tenancy. What steps do we need to take to change it?

jameshogg · Posted: Wed Nov 12, 2008 12:02 am Post subject:

Hi Anne!

You will have to sign a new deed now where you should include the joint tenancy clause. Once the new deed is signed, you need to notarize it and record it at the county recorder's office.

Thanks.

Guest

my siblings and i are tenants in common on a grant deed. now, i want to remove my name from the grant deed. how do i do that to make sure that i have no financial obligations in future?

sara · Posted: Thu Nov 20, 2008 3:23 am Post subject: RE: remove name from grant deed

Hi Mila,

Welcome to the forums.

If you wish to remove your name from the grant deed, you will have to get a new grant deed drafted such that you and your siblings will be noted as grantor (transferor) and your siblings as grantee (recipient).

A deed does not free you from financial obligations. By the way, do you have any kind of obligation on the property?

Take care

Guest

My mother has a deed of trust recorded in 1984 with herself, my oldest brother and my youngest all as joint tenants. My oldest brother died 2003 not that leaves my mother and my youngest brother as joint tenants. My mother wants to deed her half of the property to me. Can we do this without my youngest brother signing the grant deed or does he have to agree to the transfer of my mothers interest to me?

Niicss · Posted: Wed Dec 31, 2008 3:02 am Post subject:

Hi Mary

As far as I know, your mother will be able to transfer her portion of the property to you. But you should remember that the joint tenancy will be terminated and you will become a tenant in common. Your mother will not have to take the permission of your youngest brother in this regard.

Thanks.

Guest

My mother wanted my name on the deed so when she dies, it will be mine only. I used the "and" between our names. Will I get the house when she dies or will I have to probate it or share it with my brother? If this is the wrong way how should I write it? No Mortgage on house in Florida

jameshogg · Posted: Sun Jan 25, 2009 9:38 pm Post subject:

Hi cynthia,

If your mother has a will, then the property will be probated. But if there is no will, then you can remove your mother's name from the property deed by filing an affidavit of heirship in the county recorder's office after her death.

Thanks

Guest

my mother added my sister and brother and held joint tenancy on deed for loan purposes to finance for mother 2003. before passing away nov. 2007.. may of 2007 my mother signed a grant deed her name only from her to me...my brother told me not to record for it might cloud title.... I figure they wanted to file an affidavit first to avoid me ....now my brother passed and I recorded the deed my mother signed to me....a broker told me the grant deed was good forever....now my sister said it is no good because they filed an affidavit of death of a joint tenant of my mother before I recorded my deed.....

jenkin7 · Posted: Fri Feb 13, 2009 11:40 pm Post subject: quitclaim in joint tenancy

Hi elizabeth,

In a joint tenancy form of ownership, the joint tenants have an equal, undivided right to the property. After the death of one of the joint tenants, the property goes to the other tenant through right of survivorship. Now, since after the death of your mother and brother, your sister had filed an affidavit of heirship, legally the property belongs to her. However, I also agree with the fact that a grant deed is good forever and I'm not sure whether recording it late can make you lose the right to the property-interest that you've been given through a grant deed.

I think consulting a lawyer seems to be the best option available to you at this point in time.

Guest

My question is my dad just passed away and me and him are joint tenent but i wass told that the house would go into probate cause he has other children. Is this True?

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Grant Deed and Joint Tenancy for Property in California