If 2 people are on a grant deed, can 1 put the whole property in a living Trust and cut the other one out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If 2 people are on a grant deed, can 1 put the whole property in a living Trust and cut the other one out?
What can I do?
Asked on July 30, 2015 under Estate Planning, California
Answers:
M.H., Member, California Bar / M.H., Member, California Bar
Answered 9 years ago | Contributor
How is title held to the property? Is it joint tenants, tenants in common, community property or community property with right of survivorship?
If the property is held in joint tenancy, your unilateral conveyance to your trust will sever the joint tenancy and convert your interest of 50% into tenants in common. If the property is community property, then you would need your spouse's consent to convey the property to your trust.
In short, you cannot convey the entire property to your trust without the other party's consent. If you do, the court would probably construe your act as fraudulent.
I hope I answered your question.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.