Grant Deed and Joint Tenancy for Property in California

Guest

My parents (listed as husband and wife in deed) and me (daughter) are listed as joint tenants within a grant deed for property in California. As my father has passed away, my mother and I would like to have his name removed from the grant deed (we wish to remain listed as joint tenants).

My question is what needs to be done to have my father's name removed from the grant deed? The grant deed reads as follows:

"Husband and wife grant real property in county of Los Angeles to (1) James M. and Barbara M. as two-thirds interest and (2) to Martina M. as to a one-third interest, all as joint tenants........".

Can you please advise? Thanks, Martina

jameshogg

Hi Martina,

Welcome to forums.

Since your parents and you are listed on the property as joint tenants, therefore after your father's death, both of you will get his share of property automatically. This is through the right of survivorship applicable in case of joint tenancy.

Now, in order to remove your father's name from the grant deed, all you need to do is, file an affidavit of heirship at the County Recorder's office. You may have to submit the Death Certificate as well as proof of your father's death.

Thanks

jheard · Posted: Tue Mar 11, 2008 7:34 am Post subject:

A deed transfers an interest in property. It is not title to the property. Title to the property is the sum total of all property transfers (deeds).

You cannot remove a name from the deed. Since your father passed away, his property interest automatically passes to you and your mother. You are now co-owners in the property as tenants in common. You do not have to do anything to affect this.

However, to clear up any confusion when you go to sell, you should remove your father's name from the record. If you probated your father's estate, the executor can execute a deed. If not, you can file an Affidavit of Heirship.

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi Mar tina,

Welcome to the forum.

James and Jheard have given you sound info. I will just like to add that if it is a mortgaged property, then you should inform the lender about your father's death. Even though, if you keep on making the mortgage payments on time, the lender should not have any problem.

Feel free to ask if you have any further questions.

Best of luck,
Larry

Guest

Ihave been divorce for over 7 years, but the house was not settled at the divorce. I signed a quit claim deed, but it was not recorded, and my name is still on the home owners insurance and mortgage. I live in Maryland. Do I have any rights in this matter?

jheard · Posted: Wed Mar 12, 2008 2:37 pm Post subject:

Sade, start a new thread with your unrelated question, please.

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi Sade,

Welcome to the forum.

If the deed was not recorded in the County Recorder's office, then the deed will not be considered as a valid deed and you will still have the ownership. I think you should do a title search to know if you are still there.

Feel free to ask if you have any further questions.

Best of luck,
Larry

Guest

My parent granted me property as follows: To Parent and Me. My parent then died, did we great a joint tnenancy or will I have to probate the property? Do I have to probate the whole thing or some portion of it? I am in California.

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi,

Welcome to the forum.

Joint tenancy avoids probate process. So you need not to probate it. After the death of one joint tenant the other joint tenant automatically succeeds the full ownership of the property. You need to show the death certificate and record it.

If it is a mortgaged property then you can you should inform the lender about your father's death.

Feel free to ask if you have any further questions.

Best of luck,
Larry

Guest

I carry the loan, pay the taxes and the other party has made no contribution...YET recently rented out the home without my consent, collected rent and has not paid me anything. We no longer have a relationship. He has also made threats on a daily basis. I know I will have to go to court, but what paperwork do I need to file. I can not afford an attorney...please help...

larry · Joined: 27 Jun 2007 Posts: 3328 474.49 Dollars($)

Hi Christina.

Welcome to the forum.

I think you should file a Partition Lawsuit. If you file the Partition Lawsuit, the property will be sold, and the sale proceeds will be divided between both of you. BTW if you want to have the home then ask him to quitclaim and then you can refinance the mortgage on your name only.

Best of luck,
Larry

Guest

i need answers....my father filed a quit claim deed with my older sister and her husband. the deed states - "husband and wife, as joint tenants and not as tenants in common, with right of survivorship, the whole estate to vest in the survivor...."to have and tohold the above described premises un to...of the second part as join tenants, and to the heirs and assigns of the survivor forever".....

smithsussane · Posted: Wed Sep 24, 2008 11:45 pm Post subject:

Hi lynne!

Welcome to the Forums!

In the deed, your father has made your older sister and her husband are joint tenants. By being a joint tenants, both have equal ownership in the property and if one of them dies, the other will automatically own the property.

The right to survivorship means that the survivors will automatically gain ownership to the property and in case of more than one survivor, the property will be divided. After this each owner may sell or gift his/her property to others without anyone's permission.

Feel free to ask if you have further queries.

Sussane

Guest

When my aunts husband passed away, my cousin had my aunt add her as a joint tenant. My aunt has since chnged her mind and would liek to remove my couin from the house deed. Question one - Can she remove the cousin without the counsins signature ? Question two - What form would she use ? A quit claim deed ? (She lives in California)

jameshogg · Posted: Mon Oct 20, 2008 10:39 pm Post subject:

Hi maria!

Yes, your aunt can remove the cousin's name from the joint tenancy by a quitclaim deed but I don't think it will be possible without the cousin's signature.

Thanks.

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