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My husband inherited a house (not paid off). Years later, when we got married he put me on the title as joint tenacny for love and affection. We live in california and were just married under 10 years. Me and our two kids live here currently, what is my share of the house?

jenkin7 · Posted: Mon Feb 16, 2009 10:40 pm Post subject: joint tenancy

Hi,

To maggie,

Joint-tenants have equal rights to the property. If one of the joint-tenants dies, the other gets the title to the whole of the property. Since you and your father were joint-tenants, after your father's death you will inherit the property. However, you'll have to file an Affidavit of heirship in a probate court so you're declared the legal owner of the house and you can enjoy the full rights to the property.

To AA,

Under joint-tenancy form of ownership, the tenants are entitled to an equal, undivided interest in the property. None of the joint-tenants can even sell his/her share of interest in the property without the consent of the other. When one of them dies, the other gets the title to the entire property through the right of survivorship. To know more on joint-tenancy, visit the following the page:
http://www.mortgagefit.com/joint-tenancy.html

Guest

if a quick claim is filed from one person to another to sucure property will there be any probate issues or is joint tenancy the right solution?
if one person dies with outstanding medical bills can they go after the property?

jerry · Posted: Thu Feb 19, 2009 4:24 am Post subject:

Hi sarah,

If a quitclaim deed is signed, the property is transferred from the grantor to the grantee. From then on, it's the grantee who becomes the new owner of the property. Thus, there's no need for probate. The same goes with joint-tenancy. The property is transferred to the surviving tenant through the right of survivorship which eliminates the process of probate.

But If the transfer is made after a lien has been placed for outstanding medical bills, the transfer can be proved to be void. But if the transfer takes place much before the liens are placed, the lender cannot go after the property. However, It's better to consult an attorney in this regard as the law varies in different states.

Thanks,

Jerry

Guest

currently my dad and mom are joint tenants on the deed, they want to add my and my name on deed...which form to use...

Guest

they actually want add my name and my wifes name

jenkin7 · Posted: Mon Feb 23, 2009 10:24 pm Post subject:

Hi jit,

To add you to the title of the property, your parents need to sign a quit claim deed. After signing the quitclaim deed it needs to be notarized and recorded with the county clerk's office to validate it.

Guest

In 1973 I bought a house in San Francisco. I also included my parents in the title as joint tenancy with right of survivorship. They lived at the house from 1974 to 2007. I took over the house since my father died in 2007. My problem is my siblings are infringing and convincing my mother to force me to sell the house now so they can inherit their inheritance from the house. I feel sad because I bought the house to which my parent nor my siblings did not put any money down (20%). My question, can they sue me if I would not agree to sell the house? I am now 62 yrs old and cannot afford to buy another place. Isn't joint tenancy with right to survivorship 100% ownership, even death would not make the title tenancy in common? How do I best address the issue with my mother who is now 88 yrs. old. She does not want to live in the house.

jerry · Posted: Wed Mar 18, 2009 3:47 am Post subject:

Hi beth,

From what you have mentioned I believe it's only you and your parents who are on the title to the house, not your siblings. Right? Well, if yes, then I don't think they have any right to sue you if you decline to sell the house. However, try and make your mother understand what their actual motive is and ask her not to sign any documents. A joint tenancy entitles each tenant an equal and undivided interest in the property while the right of survivorship ensures that the surviving tenant gets the whole of the property upon the death of the other.

Thanks,

Jerry

Guest

Me and my mom hold a deed with right to survivor. I want to quitclaim my interest to my son. Can I take my name off and put my son in my place without permission from my mom?

Guest

My mother wants to add me to the deed on her property in California. How complicated is the wording process on the quit claim deed to fill out. Should we have a attorney do it. I just want to make sure it is done right.

jenkin7 · Posted: Wed Mar 25, 2009 1:32 am Post subject:

Hi Dawn,

You can definitely quitclaim your interest in the property to your son without permission from your mother. But this will terminate the joint tenancy form of ownership. After the deed is signed, your son and your mother would be considered as tenants in common.

jenkin7 · Posted: Wed Mar 25, 2009 1:36 am Post subject:

Hi Je'an,

She can add you to the title through a quitclaim deed. There she will sign as the grantor transferring ownership to both you and herself as the grantees. Howver, there is no substitute for a consultation with a lawyer before you do it. Doing this can help you avoid any legal dispute in future.

Guest

My Girlfriend is listed on my house as a joint tenancy with automatic right of survivorship. We have since broken up. How do I get her off the title?

jameshogg · Posted: Wed Apr 01, 2009 10:24 pm Post subject:

Hi Paulie,

Your girlfriend needs to sign a quitclaim deed in your favor transferring the property in your name. Once she does so, her name would be removed from the title of the property.

Thanks

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Grant Deed and Joint Tenancy for Property in California