joint tenancy and divorce

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Post Posted: Thu Oct 07, 2010 9:19 am    Post subject: joint tenancy and divorce

I bought a condo 7 years before getting married. Upon marriage wife was added to deed (not written as community property, just joint tenants). I sold the condo and a house was bought in Hawaii with the proceeds. Once again, I purchased the house and was put on title alone and she was added as joint tenant.
Unfortunately we are going through a divorce. What rights does she have on the Hawaii house. Not sure if some kind of California marriage law trumps the joint tenant deed etc...We have been married for seven years. Been in Hawaii for the last four. She is still in Hawaii and I have been back in California for 7 months.

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Icon Mini Profile jameshogg

Joined: 20 Dec 2005

Posts: 12157
Location: Nevada
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Post Posted: Thu Oct 07, 2010 11:14 pm    Post subject:

Hi mwseal,

Your wife's name is mentioned on the property deed as a joint tenant. In such a situation, she has equal rights to the property as you have. If you sell off the property, she can claim sale proceeds.

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