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How can my dad change his property from jt tenancy with his wife to ten in common with his children?

My dad is near the end of his life and owns a home with my step mother as jt tenants.  He wants to put me and my sister on the property as ten in common with his wife, so she can get her half and we get his half when he passes.  He lives in California and has given me power of attorney.  His wife will not sign anything.  What can he legally do?
  • June 26 2011 - Riverside
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Answers (3)

Midc61 - You've gotten great advice from those before me. Only an attorney can answer that question.
If his wife won't voluntarily release her interest, you have some big hurdles to jump over.
If there's a loan on the property, that too presents big problems.

The Riverside County Bar Association has a legal referral service whose memebers charge a reduced fee for an initial consultation.

Good Luck!
  • June 27 2011
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I also suggest consulting a real estate attorney.

This would normally be done with a quit claim deed, but there are several factors to consider at wetdawgs mentioned.

If the property is owned free and clear (no mortgage), the current owners who appear on the title would quit claim it to the new owners. All current owners have to agree to do this.

Again, consult a real estate attorney.

  • June 26 2011
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Profile picture for wetdawgs
You should work with an attorney on this one.  California is a community property state so whether or not they purchased the house as a couple or if one brought it to the marriage is critical for you to know before meeting with the attorney.

Joint tenancy has very specific laws on what happens when one dies (e.g. this wikipedia article), hence the reason you need an attorney to help you determine what your father can and can't do, and how to meet his wishes.
  • June 26 2011
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