Legal Question in Wills and Trusts in California

Joint tenant s and liens regarding personal loans and liens

My sister, Doris Jones, co-signed for us(My wife, Heather and I) in 1979 so that we could purchase our home. She invested no money then or subsequently, nor has any documentation to show this, but she was listed as a joint tenant on the deed. She has since named Suzanne Rieder as the joint tenant instead of herself on the deed. My wife and I need to refinance the house and repay Golden West Properties for redeeming this home from foreclosure twice, and for significant personal loans to improve and maintain the property over the years.

Golden West properties has the notes establishing this investment. How can we repay the loan to Golden West Properties if Suzanne Rieder will not sign off on the property or agree to the repayment. Will she be able to claim ''her share'' of the property in the event of a sle or in refinancing the property before Golden West Properties is repaid?

Thank you.


Asked on 1/23/05, 10:12 am

2 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: Joint tenant s and liens regarding personal loans and liens

You will need to file an action to quiet title.

Unfortunately, the transfer between your sister and Ms. Rieder broke the joint tenancy and created a tenancy in common. At the very least, you will need to go to court to show that the amount she owns is not 50% (it will be presumed as such without evidence to show otherwise).

A quiet title action will be to claim the property is yours in its entirety.

Additional information is needed to give you better direction. For example, Did your sister gift or sell her "share"?

We are familiar with this area of law as we have several cases similar to this curently pending. If you would like further information or assistance, please feel free to contact me at 626-578-0708 extension 4 or through our firm's site at www.No-Probate.com.

Scott Linden

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Answered on 1/24/05, 8:19 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: Joint tenant s and liens regarding personal loans and liens

If the third joint tenant will not agree, you will need to file an action to quiet title with the superior court. There are also potential gift tax and income tax issues for you and/or the original and new joint tenants.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=760.010-760.060

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=761.010-761.040

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=762.010-762.090

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=763.010-763.040

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=764.010-764.080

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=765.010-765.060

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Answered on 1/23/05, 11:21 am


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