Legal Question in Real Estate Law in California

Question of deeds and ownership

Facts as I know them.

(1962) husband and wife buy house as joint tenants.

(1985) Husband puts name on title twice and lists daughter as grantee severing joint tenancy with wife. Tells daughter. Puts deed and will in safety deposit box for only daughter. Wife gets into safety deposit box and steals documents.Husband dies.

(1991) wife files afidavit and takes title with daughter as grantee. Adds afidavit from husband.

(2006) wife puts deed in her name as grantor and daughter as grantee as joint tenants with right of suvivorship.

Question: Does daughter own house? If daughters and Son question right of first daughter to own house due to accusation of incompatencey of wife at time of new deed, do they have a case?


Asked on 1/02/09, 1:11 pm

3 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: Question of deeds and ownership

Who signs what over to whom is not definitive, especially if one person may be transferring property they do not have a right to transfer and if another person is stealing documents and also purporting transactions they do not have a right to execute. If community property, unless a gift or other factor, the husband could probably only transfer half his interest in the property. I cant tell from your question how many daughters and which one did what. I would have to look at details, paperwork, who possessed the property may be relevant, and this would take some time. Please contact me.

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Answered on 1/02/09, 1:44 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Question of deeds and ownership

You really need to take all of the documents you have concerning this matter to an attorney in your area whose practice emphasizes probate and real property. Mr. Bakondi is correct, it is difficult to determine who did what from your question and you reall need to sit down with someone to discuss this matter in detail.

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Answered on 1/02/09, 2:20 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Question of deeds and ownership

I am a bit confused by the facts as presented in your question. From reading your question it sounds like the deed from the husband to the daughter was recorded by the wife which would mean the wife would probably own 1/2 and the daughter 1/2. It also sounds like the joint tenancy the wife tried to create was not legal as both the daughter and the wife would have been required to simultaneously sign the deed conveying title as joint tenants. So, it sounds like the daughter would own 1/2 the property upon the death of the mother, and the mother's children would own the other 1/2. Of course, you really need to have an attorney review the documents recorded with the County Recorder to provide you with an accurate analysis.

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Answered on 1/02/09, 3:46 pm


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