Legal Question in Real Estate Law in California

My brother and his wfe names are on the property deeds to the familoy home. My brother passed in 2005. His wife is now paying on a loan they got in year 2003, she claims she didn't know anything about the amount of the loan, 65,000 dollars. Anyway she doesn't want to remove her name frpm the deed but is willing to add my name,I am the eldest sister to my deceased brother. I would like to know what forms is needed to get this done and will she continue to be responsible for that debt? My sister-in-law says she is not trying to take the family home but she would like to keep her name on the as well as mine. what do you think about this situatio9n?


Asked on 9/02/09, 4:25 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Are they the only two names on the deed? What did his Will say about who got ownership of the house? If he left no Will, she ilnherited his property rights. She is at least a partial owner so why should she take her name off the deed, especially since that would then make the loan immediately payable if it is securlty for the loan. Why will only your name be added and not the other siblings? She remains responsible for the loan, but if it was used to make repairs to the house why should not all the owners of the house be also responsiable? Adding your name is equal to a sale of a portion of the home so there willl be tax results, including the property belng reassessed and a transfer tax to be paid. I think you all need to go to a property attorney to decide why this is being done and its consequences. You will not like my opinion, but I think you are taking an unfair advantage over her since you getting a part of the property without having to pay anything for it.

Read more
Answered on 9/03/09, 4:34 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California