Legal Question in Real Estate Law in California

Re: tenants in common

First, changing a will does not change how title to real property is held. The only way to change how title is held is by signing some form of deed. How the property will be divided at your father-in-law's death will be determined by how title is vested at the time of his death. If it is held in joint tenancy with your husband, your husband will be the sole owner of the property after the father-in-law's death, no matter what his will might say.

You need to find out exactly how title is vested to determine what will happen if the father-in-law dies. You can obtain a copy of the most recent deeds from the county recorder's office (or pay a title insurance company to get a copy of the vesting deed) and take them to an attorney in your area for review.

A review of the vesting deed will allow an attorney to explain what your rights might be to the property.

Re: tenants in common

As Mr. Hoffman points out, changing a will does not change how title to property is now held. It is possible what happened was that title was originally taken as joint tenants and the sister-in-law convinced him to change that to tenants in common, which he could do by deed (but not by will) without your husband's knowledge or permission.

The effect of this would be to extinguish the right of survivorship, so that instead of your husband automatically becoming the 100% owner on his father's death, the part ownership held by the father would become part of his estate and would pass to his heir or heirs as directed in the will.

This could indeed mean having a bunch of brothers in law as involuntary roommates, so to speak.

What to do about it? First, go on a fact-finding mission at the recorder's office in Santa Rosa, and see what's been placed on the record since 2002. Then, there is a question as to whether there was an understanding between the two of them at the time the property was acquired.

I'd be hesitant to recommend a partition suit at this time; there may be a better solution, but I do see trouble brewing in the family.

By the way, co-owners (tenants in common and joint tenants) are said to have an "undivided" interest, rather than divided.

Since you are somewhat local, please feel free to contact me for a free consultation. I could check the records for you.