Los Angeles, CA asked in Real Estate Law for California

Q: What happens when two people not related bought a house 27 years ago and one dies ?

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2 Lawyer Answers
Mr. Robin Mashal
Mr. Robin Mashal
Answered
  • Los Angeles, CA
  • Licensed in California

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The answer to your question depends on how the two individuals took title to the property. If the property was held in a "joint tenancy" (e.g., deed conveyed to "________ and _________, as joint tenants") then upon one joint tenant's death, the other joint tenant will receive his/her share by "right of survivorship." On the other hand, if the property was not held in a joint tenancy, then each co-tenant's share will pass according to his/her estate plan (will or living trust) or by intestacy laws. Be sure to consult your own attorney to protect your legal rights.

Richard Samuel Price
Richard Samuel Price
Answered
  • Redlands, CA
  • Licensed in California

A: If the co-owners took the property as joint tenants with right of survivorship, then the surviving co-owner would take the entire property. If the co-owners took the property as tenants in common, then the decedent would be able to pass his share of the property by will or under the laws of intestacy.

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