Legal Question in Wills and Trusts in California

If property is held in joint tenancy and a transmutation agreement is done to change it to separate property, does the grant deed need to be changed as well?


Asked on 1/24/11, 5:46 pm

2 Answers from Attorneys

You cannot change a deed once it is filed. What you need to do is prepare a deed from the joint tenant giving up the interest to the joint tenant who will own the entire property and have that signed, notarized and recorded.

Read more
Answered on 1/27/11, 6:41 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

You can and should prepare and record a new deed correctly reflecting how title is held after the agreement is signed.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

Read more
Answered on 1/31/11, 6:59 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California