Legal Question in Wills and Trusts in California

Re: Joint Tenancy

The problem is I need more facts. No you cannot and another joint tenant so that if the original owner dies all of the property goes to you and your child. What you can do is an an additional joint tenant would stand divides the property in half so your husband staff goes to his air or beneficiary, depending on whether or not he has a will or trust, and your half would automatically go to your child if you die first. Most importantly, because of this situation knowledge means real knowledge and discussion between everyone. Your question seems to say to me you don't want your husband to know and that's not good in either a marriage or real estate ownership situation. You need an attorney to whom you are speaking to give you real live good old-fashioned legal advice. You want someone knowledgeable in both real estate and estate planning. If you do anything on your own it may have adverse tax effects, at effects that you may not be aware of because of your naivete and non expertise. Basically doing anything by yourself will probably screwed up more than you can imagine.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

Re: Joint Tenancy

Theoretically, a party who owns property can deed it to themselves and another person as joint tenants. The other party, on the otherhand, has to accept the deeding. It cannot just be done without their approval.

Re: Joint Tenancy

I am inclined to agree with Attorney Koenen, however, the work "knowledge" has me a little concerned.

What form of title is the property in now? If it is already in a joint tenancy and you want to add another person, then your answer is probably "no".

If you attempt to do this you will create a Tenancy in Common with the original Joint Tenant as well as a Joint Tenancy between the parent and child; but only as to their portion owned under the Tenancy in Common, not the entire property.

If current title is not a factor, then the only major issue may be if the entity holding the mortgage will allow the change or will the home loan need to be redone, adding the second person. This could cause an issue depending on credit scores.

A little further review of the facts is needed for a more certain answer.

If you would like to discuss this issue further, please feel free to contact me at (626) 578-0708 or online at www.No-Probate.com.