Legal Question in Real Estate Law in California

joint tenacy

can a joint tenancy be reversed if the homeowner was under stress and felt pressured to make this desion . p.s she is not one of the joint tenants her 3 children are and one refuses to sign it back over to her.


Asked on 10/19/08, 4:44 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: joint tenacy

It all depends upon the facts. If she signed the property over to the three children while under duress or was cooerced (the legal definition is different from the common-sense definition), then it can probably be set aside. It is all fact-dependent, and you need to have an attorney review the facts of what happened, possibly have the mother examined to determine if she was even competent to make the transfer, and review the applicable standards under California law.

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Answered on 10/20/08, 1:15 pm


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