Legal Question in Real Estate Law in California

Name removal from deed

My grandma put me on the deed as a joint ownder with right to survivorship nearly seven years ago (October). All of a sudden, with no notice whatsoever, I was served. She put on it that she only did it so we could avoid probate, and that she didn't like the way I cared for my disabled uncle. Can she take me off because she 'changed her mind'? I can prove how close we were before she fell, broke her knee, and hit her head. I am the person who does all the maintainance on the house, and have for ten years. In fact I just replaced the water heater, kitchen sink, and outside lights this January!

What can I do?


Asked on 7/24/07, 9:05 pm

2 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Name removal from deed

When a gift is complete (as it sounds this one was) it cannot be unwound. She cannot change her mind.

This is general advice and I can't say that it necessarily applies to you because I don't know all the details of your situation.

I don't even know what you're being sued for.

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Answered on 7/24/07, 9:21 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Name removal from deed

Mr. Berger's answer is correct, but it isn't a complete answer to your question by any means.

A joint tenant not only has a present half ownership, but also will succeed to full ownership upon the death of the other joint tenant. This is called the right of survivorship.

However, either joint tenant can, during his or her lifetime, turn the joint tenancy into a tenancy in common. When that happens, the right of survivorship terminates. All the former joint tenants then have is a one-half ownership. Each of them can will their half interest to whomever they please. That means when grandma dies, her half interest doesn't automatically go to you, as it would have if the joint tenanct hadn't been severed. It will go to whomever she names in her will or trust as her heir for that property. You will still own your half, but someone else will have grandma's - maybe your brother, maybe the Salvation Army. Or, maybe she will have another change of heart and make you her heir.

As to the half interest she gave you, she probably cannot take it back, but you did not explain the papers served on you. If they go beyond severing the joint tenancy and attempt to invalidate the gift of a half interest, you have a bigger legal problem, one that you must consult a lawyer about, and if you have been served with a summons and complaint to quiet title (or anything), you need to have a layer prepare an answer before the time runs out!

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Answered on 7/25/07, 12:05 am


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