Legal Question in Wills and Trusts in California
two single individuals - same land/home mortgage deed
How can an individual remove the name of a second name on a home mortgage title? The individuals name to be removed suddenly past away about 4 years ago. The two individuals were never legally married. They did live together and were engaged but never made it to that day.I dont think that anything (legally) was submitted or filed with the I.R.S. Im pretty sure soc. sec. and other local agencies were notified.
Does this make sense?
Is it common?
Will there be back taxes or penalties with the feds. or state?
How big of trouble is the surviving individual in?
If it cant be done alone, who should we contact?
Any referal ideas?
Is there a way to change the title so this individual can attempt to re-finance or sell the property without running into problems; as far as the family or relatives of the deceased?
Thank You.
3 Answers from Attorneys
Re: two single individuals - same land/home mortgage deed
A lot will depend on exactly how joint title was held. You may or may not require a probate to change the title, and there may or may not be immediate tax issues.
Call my office for more details.
Re: two single individuals - same land/home mortgage deed
As far as inheritance is concerned, go to the County Recorder's Office in the county where the property is located and check to see if it is a "Joint Tenancy, with right of Survivorship" title or a "Tenancy in Common" title (bring the property address or the APN with you to check it. If it's Joint Tenancy, the other person inherits (generally). If it's Tenants in Common, the deceased's half goes to the heirs or devisees (named people in a will). This is pretty general.
As far as the mortgage, if it's a shared mortgage, the lender will probably call the note due once they find out the person is deceased. The surviving owner would have to seek financing for the remaining debt.
The person probably isn't going to be in trouble, but he/she really should get the mortgage info and the title info together and run it by an attorney. Look for a free consult with one in your area.
Re: two single individuals - same land/home mortgage deed
How was the ownership: Joint Tenants or Tenants in Common? Call me directly at (619) 222-3504.
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