Q: California - Real property title transfer verbiage following Order on a Petition to Determine Succession to Real Prop.
Order determined property to be divided equally between 8 siblings and was filed with the recorder's office. Now everyone agrees to allow only sibling living in the city of the where the property is located sole ownership so that the house may be sold.
All other options have been explored yet this is how the family wants to do this.
QUESTION: When the order was filed with the recorder should a new title have been prepared at that time? If not then how would the new title naming the sole sibling read since the order does not read the way a title would, e.g. Jane Doe, a single woman?
A: I recommend that you seek legal and tax advice before you go forward. In general, if there is a recorded court order distributing real property to a person or persons the recorded order is like a deed and shows ownership of the property to the distributee(s). If the order distributes real property equally and outright to eight siblings then they eight are equal tenants in common with each other. If all distributees agree that only one distributee or third party(ies) should own the real property you might consider having a deed prepared transferring the seven owners' interests (as grantors/quitclaimors) to the one person. Again, legal and tax advice is recommended.
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.