Palo Cedro, CA asked in Family Law for California

Q: I have been married 40 years. In approximately 1986 my father-in-law passed and my mother-in-law put some stock in she

and my husbands name as joint tenants. My mother-in law just passed and my husband put the stock in his name only in a single account. He is seeing an attorney to make sure I have no claims on the dividends derived from his now stock. The proceeds are now going into our joint checking account. With California being a community property state, he does not want me to benefit if he passes and wants the stock to be put in his sons name by another mother. Can he do this to me?

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1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Culver City, CA
  • Licensed in California

A: This isn't really a community property issue. This property was a gift and title to the stock was held in joint tenancy. Generally, owners in joint tenancies and tenancies in common can sell their interests in the properties they own with others. However, an owner in a tenancy in common or a joint tenancy can't sell the ownership interests of the other owners holding title in the property. More simply stated, legally, he cannot transfer the entire property to himself without your consent.

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