Can my husband deed me his share of our home since we are divorcing?
Full Question:
I'm in the middle of a divorce and own a home with my parents and husband. My husband wants to give me his 4th of the house. Can he give it just to me or does it have to be divided between my parents and me. We are all named on the grant deed as joint tenants.
03/27/2007 |
Category: Real Property ยป Deeds |
State: California |
#2208
Answer:
Usually, each joint tenant owns an equal share in the whole property. If there is no limitation between the joint tenants, then a transfer of one joint tenant's interest may occur. However, a severance of the joint tenancy occurs upon a transfer by one of the joint tenants and, upon severance, the co-ownership then changes to tenancy in common. I suggest contacting an attorney to review the language of the deed involved and advise you of any applicable filing requirements.
Please see the definitions at the following links:
Joint Tenancy DefinedTenants in Common Defined