Phoenix, AZ asked in Real Estate Law for Colorado

Q: My Mom owned here home (no mortage) and put my name on the property with a quitclaim deed (joint tenancy).

Shortly before she died in 2013 she created another quitclaim deed (joint tenancy) with a third party.

Quitclaim Deed Joint Tenancy 1 (My Name, My Mother's Name)

Quitclaim Deed Joint Tenancy 2 (My Mother's name, Third Party)

What % share am I entitled to upon the sale of the house?

Wording from Quitclaim Deed, both deeds have the same wording, with the only difference being the parties involved:

"the grantor, for and in consideration of the sum of $10, the receipt and sufficiency of which is herby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantees, their heirs, successors and assigns forever, not in tenancy in commmon but in joint tenancy, all the rights, title, interest, claim and demand which the grantor has in and to the real property, together with improvements.

Related Topics:
1 Lawyer Answer
Timothy Canty
Timothy Canty
Answered
  • Evergreen, CO
  • Licensed in Colorado

A: Your Mom's conveyance of the 2nd deed destroyed the joint tenancy between the two of you. You became tenants in common with her. In the absence of language to the contrary, you are each presumed to own 50% of the property. Her new deed to the third party created a new joint tenancy with the third party only as to her remaining 50%. Upon her death, the third party assumed full ownership of your Mom's interest. So now you each own half.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.