Legal Question in Business Law in California

Cemetery property sale is being hindered.

The deed to a San Diego cemetery double depth space reads John and/or Mary Jones. John and Mary were divorced many years ago. Mary has lost all contact with him. Mary sells the double space to a private party. John had given Mary his verbal OK to keep the lots, and understood that the and/or meant that she could sell them if she chose. The cemetery office says that they have had trouble with and/or contracts, and now both John as well as Mary Jones must sign the transfer of the deed to the new owner.


Asked on 12/07/99, 1:29 pm

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Cemetery property sale is being hindered.

If the two people on the contract are in communication with eachother just have them both sign the contract. However, if this would be a great inconvenience than the cemetary must abide by the and/or on the contract and allow the spouse to sell. If you need help educating the cemetary office on the law of the state I can be reached at 888-563-8529. The call and consultation are free.

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Answered on 12/07/99, 3:03 pm


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