Legal Question in Real Estate Law in California

Duplex ownership

Hi, my parents presumably own a duplex with my uncle & aunt. 1. if I see my parents' names on the Grant Deed, does it mean that they are the owners too? 2. How can I find out what kind of ownership form they have? like joint tenancy or tenants in common? 3. my uncle and aunt got divorced couple years ago, what should we pay attention so that my parents' ownership will not be in jeopardy? 4. my uncle doesn't agree to sell the house but my parents want to, they did talk about it but they couldn't reach agreement, so what can my parents do? again, it's a duplex and it's only under one Grant Deed. 5. even though my aunt is divorced w/ my uncle, she still lives w/ him. And she has an equity credit line under this house. So my question is: if she runs away and default on the loan, my uncle and my parents will be liable for the loan, right? since they are all the owners of the house, and the equity line is back up by the house, right? 6. if either my aunt or uncle gets marry again, can their new spouse claim any ownership on the house? My parents' and my uncle & aunt's situation is always so complicated to my family because we are lack of the knowledge about duplex ownership. Any reply for my questions are deeply appreciated. Thanks!!!


Asked on 6/28/04, 6:20 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Duplex ownership

OK...I'll try to handle this one part at a time...

1. if I see my parents' names on the Grant Deed, does it mean that they are the owners too?

yes, they would be title holders

2. How can I find out what kind of ownership form they have? like joint tenancy or tenants in common?

Look at the Grant Deed, it should say

3. my uncle and aunt got divorced couple years ago, what should we pay attention so that my parents' ownership will not be in jeopardy?

Depends on how title is held. If tenants in common, it really is not as significant. There may also be 2 joint tenancies that are tenants in common with each other, the Deed really is the best place to look for most of these questions.

4. my uncle doesn't agree to sell the house but my parents want to, they did talk about it but they couldn't reach agreement, so what can my parents do?

File a Motion for Partition by Sale.

5. even though my aunt is divorced w/ my uncle, she still lives w/ him. And she has an equity credit line under this house. So my question is: if she runs away and default on the loan, my uncle and my parents will be liable for the loan, right? since they are all the owners of the house, and the equity line is back up by the house, right?

Probably yes.

6. if either my aunt or uncle gets marry again, can their new spouse claim any ownership on the house?

It depends on how title is currently held, but probably not as to effect your parent's share.

I hope this helped a bit. If you would like assistance in obtaining a Deed or in filing the Motion, please feel free to contact me at 626-578-0708 or online at www.No-Probate.com.

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Answered on 6/28/04, 6:49 pm
Michael Olden Law Offices of Michael A. Olden

Re: Duplex ownership

So many questions, and only one recommendation. Hire an attorney expertise in real estate law because your questions have more alternative answers that you can imagine. If your parents were is na�ve as you and invested in real property without an agreement with your aunt and uncle then there is a potential for eight problems. Hire and expert real estate attorney. Yes they can be forced to sell the property and he asked to all the other elite questions you've given. Hire a real estate attorney. Hey the gentleman or lady and allow them to give you the alternatives. No, give your parents the alternatives and why haven't they taken and protected themselves??? Go hire a real estate attorney.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 6/28/04, 7:30 pm


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