Legal Question in Family Law in California

in california. Property owned by 2 brothers. One brother wants his sister's name on property for good reasons and the other brother does not want no one added on property. How can it be possible to ensure the sister's name be on the property?/ living trust ?


Asked on 12/31/16, 1:26 am

1 Answer from Attorneys

Putting someones "name on the property" has meaning that you seem maybe not to understand. When someone's name is on title to a property, they own it. If more than one name is on it, it is owned jointly, and if there is no designation in the deed as to proportions, then they own it in equal shares. Each owner can sell or give away all or part of their share, or put it in a trust, or dispose of it by will (unless the deed specifies "joint tenants"). So unless the brother who wants the sister "on the property" needs all three to be equal owners, he is free to give the sister a grant deed of all or any part of his 1/2 share. He could also create a trust naming himself and the sister beneficiaries and deed his 1/2 share into the trust. However, if any or all of the co-owners put someone else's "name on the property" that means you have made a gift of a share of the property, which has serious tax consequences, among other things. And there is no way to force the other brother to give up any part of his 1/2 share.

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Answered on 1/03/17, 1:43 pm


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