Legal Question in Real Estate Law in California
we just got divorced. The decision about our house was made that we would hold it as joint tenants. Husband would like to have the wife have the house. Can we do this by quitclaim deed and should we do it before the judgment is recorded or afterwards?
1 Answer from Attorneys
Your question is somewhat confusing. "The decision about our house was made that we would hold it as joint tenants." Whose decision? The court or yours? Since the house is presumably community property and stated so on the deed, you can do a deed to transfer to both your names, "as joint tenants". Joint tenancy means that both persons own the property while alive, but when either person dies, the house belongs entirely to the survivor. However, that is not the same as what you say the husband seems to want, which is the wife having the house by herself while alive. You should clarify.