Legal Question in Real Estate Law in California

Re: Deeds / Rightful Owners

Did your grandfather transfer the property to his ex wife as a joint tenant or tenant in common? Look at the deed your grandfather used to add his ex wife to the title of the property. If you can't find a copy of it, go to your local county recorder's office and get a copy.

If the deed adds the ex wife as a joint tenant, her interest was automatically transferred back to your grandfather at the time of her death. Thus, she could not have given it to her son through her will.

However, if your grandfather added her as a tenant in common, she was free to transfer her interest to her son. However, the son cannot force your grandfather off the property. The son would be left to initiate a lawsuit for partition to have the property sold and the proceeds split between him and your grandfather.

Go look at the deed adding the ex wife to the title of the property!

Re: Deeds / Rightful Owners

This is why people should consult lawyers when drafting important documents such as deeds.

It could be pointed out that a forced sale would be at absolute auction which would probably not bring a good price. Also the real estate market is in the soup. They would be better off agreeing to wait for Grandpa to pass and then list the property for sale.