Legal Question in Real Estate Law in California

my brother in-law and his girl friend live together on the house that my husband and i and my brother in law are in the deed of the house. i would like to know if any of us die or my brother in law is she entitle to any real estate value?


Asked on 10/29/11, 10:35 pm

3 Answers from Attorneys

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

If the girl friend is not now "on title" (a better description of co-ownership than "on the deed"), the most likely route by which she could get on title is by inheritance, presumably of the brother in law's interest. If the three of you are on title as joint tenants, he cannot pass his share by inheritance because it goes to the remaining joint tenants by operation of law, but a joint tenant can sometimes sever the joint tenancy before death, thuls allowing him to will it to a stranger to title. If there is a joint tenancy, you should probably look up and review Civil Code sections 683 and 683.2.

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Answered on 10/30/11, 9:29 am
Anthony Roach Law Office of Anthony A. Roach

Not based on what you told us. Yes if he is on title as a tenant in common and leaves her his share in a valid will.

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Answered on 10/30/11, 6:21 pm

Mr. Roach is basically right. The only way she would get an interest is if: 1) the deed to you three does NOT state that you are "joint tenants," those are "magic" words in title law that means if one person dies the others get their share automatically; and 2) he leaves his share to her in a valid will. If the deed is to you three as joint tenants, OR he does not will it to her, she gets nothing.

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Answered on 10/31/11, 2:28 pm


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