Legal Question in Real Estate Law in California

sister and I held title as joint tenant, separate property from our husbands, can we sale the property without husbands


Asked on 10/09/15, 9:36 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably, with two possible qualifications. First, your Zip code suggests that, although the property may be in California, you may be a resident of Oklahoma, and Oklahoma law might have some effect on your rights as a married person. Next, in California it is possible for a property that was initially one spouse's completely separate property to acquire some community ownership as a result of community funds being used for things like mortgage payments, property taxes, insurance and repairs..... so there is likely a question of what funds have been used to pay the bills. (This community ownership is referred to in the law as a "pro tanto" interest or ownership). If there is some pro tanto community-property interest, that probably wouldn't affect your right to sell, only how the net proceeds of sale should be divided. It would be worth your time and expense to consult with a lawyer familiar with California family law.

Read more
Answered on 10/10/15, 7:24 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California