Legal Question in Real Estate Law in California

the dead on my house listed me and my mother as Joint Tenants and then was changed to Sole and Separate. What is the difference?


Asked on 1/10/11, 1:08 pm

1 Answer from Attorneys

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

It's a huge difference.

First, let's be clear that we are discussing the way TITLE to a house is held. "Title" refers to the way property is owned. If you and your mother co-own a house, we would say that both of you are "on title."

A "deed" (not a "dead") is, on the other hand, a document used to change ownership.

So, if we are at the courthouse trying to figure out who owns a property, we'd be checking the title. What we find -- who is presently on title -- would be the result of previous deeds which have been executed, delivered and recorded over the years.

If title to this house showed you and your mother as joint tenants while she was alive, then she died, you'd become the sole owner "automatically" - in technical terms, "by operation of law." That wouldn't be reflected in the public records, however, unless someone took action on your behalf -- maybe your mother's executor?

Now, here's another possibility. Your mother is still alive. You didn't say she died. In that case, we are left to wonder (A) which of the two of you is now the "Sole and Separate" owner of this house, and (B) why the other former co-owner is no longer on title.

If you would care to contact me directly with further info, such as whether your mother is dead or alive and who is the sole owner, perhaps I can give you some further clarification.

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Answered on 1/17/11, 9:32 pm


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