Legal Question in Real Estate Law in Utah

Re: title

In California, if you take title as community property, then yes, a community property interest would exist in the property at issue for dissolution or decedent purposes. However, if you take the title in joint tenancy, the surviving spouse would receive the full property interest, and the decedent could not devise or will away any portions therein. For a free consultation, contact us directly this week.

Re: title

Hello,

I see that you are in California but your question pertains to Utah property. How to take title differs in these two states. In Utah the more common ways to take title for a husband and wife is either as Joint Tenants or as Tenants in Common. Joint tenancy gives a right of survivorship to the surviving owner regardless of what the deceased person's will says (and it avoids probate of the real property). Tenancy in Common give each the right to pass their share on to whomever they wish by their will through the probate procedure. To determine the better way to take title requires a greater analysis of your particular situation but this should give you a beginning point

Thanks for your inquiry.

Mel Larew