Legal Question in Real Estate Law in California

realestate

i am on property with my sister, she recently did a grant deed and put her name and her husband as joint tennants. The house is paid for and the property is in my fathers name can she do that


Asked on 6/23/09, 11:29 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: realestate

I am afraid your post is a bit lacking information to give you any information. You say the property is in your father's name - if its solely in his name, then you are not on title, nor is your sister, and any deed she recorded might be considered a "wild deed" - basically a document that is of no effect. Conversely, if you, your sister and your father are all three on title, then your sister can only deed the interest she owns - assuming you each own equal shares, she can only deed 1/3 of the property to her and her husband as joint tenants. That would mean that they now own 1/6th of the property each, you own 1/3rd and your father owns 1/3rd.

Because you haven't given enough detail (such as exactly how title is held), the foregoing are just EXAMPLES of what might have happened. You need to have the actual status of title reviewed by an attorney, or you can pay a title company about $400 for a Preliminary Title Report which will tell you how title is now held exactly.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/24/09, 12:06 pm
Terry A. Nelson Nelson & Lawless

Re: realestate

Only the current title holder[s] can change title. If the house title is solely in your father's name that means you and the sister are NOT, and only the father can change it. I suspect you are not clear on the actual facts. If you believe there is something improper being done, and you want to consult to determine the truth and your rights, feel free to contact me.

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Answered on 6/24/09, 12:47 pm


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