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Grant Deed and Joint Tenancy for Property in California

Posted on: 11th Mar, 2008 02:44 am
My parents (listed as husband and wife in deed) and me (daughter) are listed as joint tenants within a grant deed for property in California. As my father has passed away, my mother and I would like to have his name removed from the grant deed (we wish to remain listed as joint tenants).

My question is what needs to be done to have my father's name removed from the grant deed? The grant deed reads as follows:

"Husband and wife grant real property in county of Los Angeles to (1) James M. and Barbara M. as two-thirds interest and (2) to Martina M. as to a one-third interest, all as joint tenants........".

Can you please advise? Thanks, Martina
Hi Paulie,

If your girlfriend refuses to transfer the property in your name, then you can try to buy her out. You can offer her a certain amount of money and ask her to transfer the property to you.

If she is not ready to do so, then you can go for a partition law suit. Once you file this law suit, the court may order the sale of the property. The mortgage dues will be satisfied first when the property is sold. If there is an excess amount, then it would be divided between both of you.

Thanks
Posted on: 02nd Apr, 2009 11:47 pm
which form needs to be filled to removed a parent joint tenency name in california?
Posted on: 27th Apr, 2009 12:45 pm
Hi daniel,

You can use a quitclaim deed in order to remove your parents from the property deed. They will have to sign a quitclaim deed in your name. Once the deed is signed, it needs to be notarized and recorded.

Thanks
Posted on: 27th Apr, 2009 09:38 pm
Me and sister have equity line of credit. Joint terants with right of survivorship. If I file for bankrupty wants happens to my sister. Is there a way I can get her off. Where she does not get the payment.
Posted on: 05th May, 2009 11:03 am
hi dan,

as there are joint debts, your sister can get effected. if you remove her from the property just before filing bankruptcy, this can considered as a fraudulent act. i would suggest you to consult your bankruptcy attorney and take his opinion in this issue.
Posted on: 05th May, 2009 10:36 pm
my brother is in poor health and me and my other brother would like to remove his name from the joint property deed to avoid medical recovery later. can the brother in ill health just sign a quit claim deed to remove his name?
thank you.
Posted on: 23rd May, 2009 03:54 pm
Hi Miles!

Welcome to forums!

Your brother can use a quitclaim deed to transfer the property to you. However, you should note that this transfer of property can make him ineligible for the Medicaid benefits. You should consult an attorney and check out if he can transfer the property to you with the help of a Ladybird deed.

Feel free to ask if you have further queries.

Sussane
Posted on: 24th May, 2009 08:42 pm
Just befor my mothers passing, she quitclaim her home to me, the house has a mortage on it, is this something I need to put in probate?
Posted on: 01st Jul, 2009 10:03 am
hi dawn!

welcome to forums!

as the property was quitclaimed to you by your mother, there is no need for probate. probate is required when the deceased leaves back a will. you will have to refinance the mortgage in your name now.

feel free to ask if you have further queries.

sussane
Posted on: 01st Jul, 2009 09:00 pm
My father wants to put the house which I live in, in my name - it is currently in his name. How do I file a grant deed? there will be no $ exchanged and I will pay the mtg. until I remortgage in my name. Any concerns I should be aware of??
Posted on: 09th Jul, 2009 03:00 pm
Hi maryann!

Welcome to forums!

Your father will have to sign a grant deed and transfer the property in your name. Once the grant deed is signed, you'll have to notarize and record it to make the deed valid. As there will be no money exchanged for the transfer, you father may have to pay gift taxes for the transfer of the property.

Feel free to ask if you've further queries.

Sussane
Posted on: 09th Jul, 2009 10:55 pm
my daughter and husband are going to get a divorce. How does she ghet his name off the title of the home w/o refinancilng it?
Posted on: 17th Jul, 2009 10:30 am
My Mom and Dad's deed to their house is as community property as stated in their 1999 trust. My Mom recently filed for divorce. My Dad wrote out a new will that revoked the 1999 trust. My Dad did not record any changes with the county in regards to deed on house. My Dad recently died; thus, divorce not final. Who owns the house since last change on deed was recorded in 1999 which states community property.
Posted on: 24th Jul, 2009 01:40 pm
Hi,

To deny,

If your daughter want's to remove her name from the property deed, then she can sign a quitclaim deed to transfer the property to her husband. The husband will have to refinance the mortgage if she wants to remove her name from the mortgage.

To caroline,

As the last recorded deed states that the property was a community property, then your mother will be entitled to get her share of the property. This is because you father has passed away without recording the new deed.

Thanks
Posted on: 24th Jul, 2009 09:49 pm
I bought a home with 4 other people in `1978 .we are a spiritual group with a tenants in common contract for sale and purchase.
as accounting was passed around someone did notfile 2 of the deds.when i filed one of them as i am now sole owner my taxes went up 300% THE PURCHASE WAS in 1995 but tax appraisal was done in 2005 recording year.
spent 35 years buying each person out and didnt know of deedsnot filed -is there any help for me? ironical to be paying taxes to bail out other americans when good chance of losing my home paidin full over a period of 30 years. thank you
Posted on: 25th Jul, 2009 02:35 pm
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