Legal Question in Real Estate Law in California
Recently added to deed as joint tenant/actual Interest in property
My mother owned her home free and clear. In 2003 she filed grant deed, deeding the house to my wife and I as joint tenants. My wife filled out the deed and my mother was the only to sign it. A week later my wife filed another deed listing my mother, myself and my wife as joint tenants granting the house to my mother, myself and my wife as joint tenants. All of us signed the second deed. My wife and I are now going through a divorce and she is claiming that her interest in the property is 1/3. The house is worth $300,000 and she is asking for $100,000. Neither I nor my wife contributed anything towards the equity in the house. How much of an interest does my wife actually have in the house?
3 Answers from Attorneys
Re: Recently added to deed as joint tenant/actual Interest in property
Based on the facts as you've recounted them, and assuming the deeds are valid, you each would have 1/3 interest in the house. It doesn't matter that none of you contributed to the payments. One may gift property.
Re: Recently added to deed as joint tenant/actual Interest in property
Assuming you have an attorney handling your divorce, this question is really one for your divorce attorney. Your divorce attorney would have a thorough knowledge of the facts of your case, and would be in a far better position to advise you concerning this matter, particularly inasmuch as this is an issue that must be dealt with through your divorce.
Re: Recently added to deed as joint tenant/actual Interest in property
I'd say Mr. Spikes is right, if things are exactly as reported, no other important facts, no mistakes in the deeds, everything duly notarized and recorded on time, etc. etc.
Practical experience teaches that things aren't always as simple as they seemon the basis of one short paragraph of facts.
With $100,000 or more potentially at stake, and the probable use of a high-powered attorney by your ex-wife, you would be foolish not to retain an attorney yourself, to protect your high-stakes interest in this and other marital property.
Further, I would not necessarily buy the idea that all the property issues belong in the family law court and that everything will be sorted out properly in the ordinary course of adjudicating the dissolution of marriage. Maybe, but your mother also has an interest here, and that needs to be asserted, and mom is not a party to the dissolution action, at least not until she is brought in by a joinder petition.
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