Legal Question in Real Estate Law in California

Deed & Probate Final distribution

Using a will and the Judgement of Final Distribution, the will states ''An undevided 1/2 interest in real property in Nevada County'' Can I file for a deed? What type of deed do I file for on my 50% ownership? Can I then sell my 50% interest to a buyer without getting permission from the other party on the will if the purchaser is in agreement?


Asked on 3/14/04, 3:32 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Deed & Probate Final distribution

Well, I can answer the second part of your question. The owner of an undivided half interest can indeed sell his half interest without the consent, or even the knowledge, of the other cotenant. However, as a practical matter, who is going to buy it? Basically, your market is the other co-owner.

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Answered on 3/14/04, 4:10 pm


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