Yorba Linda, CA asked in Real Estate Law for California

Q: What is the best way to remove my mother in law and deceased Father in law from my deed.

30 years ago we bought a house with my Father and mother in law. The verbal agreement was that they would provide the down payment and we would make the payments and pay for the utilities and take care of my mother in law when my father in law passed. The house is held as Joint tenants and my father in law as a living trust (he passed about 20 years ago). My mother in law is getting up there and siblings are starting to want a piece of the house. Our thought to protect the house and honor the original agreement it might be best to remove my Mother in law/father in law from the deed. How do we do this and are there implications of doing something like this.

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1 Lawyer Answer
Jonathan Purcell
Jonathan Purcell
  • Licensed in California

A: In general, the Statute of Frauds requires that certain transactions must be in writing.

See, California Civil Code Section 1624(a)(3)

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