Legal Question in Real Estate Law in California

Re: Joint tenancy vs. Tennants in Common

As Joint Tenants with right of survivorship, when you ex-husband passes away, his half interest in the property will transfer to you by operation of law. I doubt that is his intention, unless that was the agreement as a part of your divorce settlement. If the intention is for his 1/2 interest to be transferred to his new wife, or his children or anyone other than you, then you do need to change vesting to Tenants in Common, which would allow him to will his 1/2 interest to whomever he wants. I would strongly suggest that you have the entire matter reviewed by an attorney as there are a lot of additional facts necessary to provide you with proper legal advice on your particular situation.

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