Legal Question in Real Estate Law in California
Convert Deed of Common Tenent to Soleownership ?
Before my husband divoiced his former wife,she signed quitclaim on the house. He was soleowner when he married me. Ten years ago,we borrowed money from the house. The house title was changed to Tenent in Common in order to qualify for 2nd loan. Now,we paid off all loans, because I always working full time and share the family expenses. He wants to go to the County Clark of Record to change the deed by conver the husband and wife owned title back to soleownership, then setup living trust. Can be convert without my signature on a Quitclaim? or under any other circumstances? Please advice, thank you.
4 Answers from Attorneys
Re: Convert Deed of Common Tenent to Soleownership ?
If your husband wants to prepare a living trust, a transfer could be done at the same time. That would give you some measure of control over any interest you hold in the house. If you sign over your interest now, you have no assurance that a living trust will ever be prepared.
Re: Convert Deed of Common Tenent to Soleownership ?
You own half the house. He cannot convert to sole ownership without your written permission on a grant deed or quit claim deed.
I wouldn't do it, if I were you.
Re: Convert Deed of Common Tenent to Soleownership ?
No. You own half of the house. He cannot convert to sole ownership without your written permission. I highly recommend that you do NOT sign a grant deed or quitclaim deed transferring the house to him as sole ownership.
If you have any further questions, please feel free to e-mail or call me. Good luck and thank you for your inquiry.
Re: Convert Deed of Common Tenent to Soleownership ?
He can't do anything without your written consent. Don't do it. If you do, then, you will lose all ownership interest in the house. Please consult a local attorney to review the ownership documents and deeds. Good luck and thanks for inquiring.
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