Legal Question in Wills and Trusts in California
Joint Tenancy
My mother and I purchased a house in California, and we took title as my mother,an unmarried woman and me, a married woman, as her sole and separated property, as joint tenants. Both of us are California residents. Will the property entirely belongs to me if my mother passes away? In fact, my mother never gets divorced. My father is still in Vietnam.
2 Answers from Attorneys
Re: Joint Tenancy
If I understand your question correctly, your mother signed the deed as a single woman when in fact she is a married woman. If this is true, your mother and you should make out a new deed, putting the deed in the name of your mother, "a married woman as her separate property" and you, "a married woman as her separate property."
I would also draw up a contract between you and your mother stating how much interest each of you has: 50/50 or 10/90 or whatever.
When you or your mother dies, the other one gets the entire property. This is the right of survivorship.
Get your husband to sign a quit claim deed or else both you and your husband should sign a contract as to how much each is entitled to.
Re: Joint Tenancy
Generally, joint tenancey is right of survivorship, which means that if either of you die, the other takes the property. In yor case, what funds were used to purchase the property. If community funds, your husband could have a claim on your half if he has not signed a quit claim deed.
Regarding your mother, even though he is in Vietnam, he could have a claim if your mother used any of his money to purchase the property.
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