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My husband and I own a home in Riverside County , CA. We are listed as Joint Tenants on the Title. He wants to take himself

Riverside, CA |

off the title and add my stepson. So, that my stepson and I would be joint tenants. Can he do this without my signature or consent. What does it involve.

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Attorney answers 2

Posted

Yes and no. He certainly can transfer title to his son. However, unless you consented to the transaction by signing a new deed, the most he could do would be to make you tenants in common (not joint tenants) with his son. Still, if the property is community property, he could not affect your community interest -- which has its own title implications.

On down the line, should your husband pass and you own the property as tenants in common with his son or should you choose to dissolve your marriage, I see a legal nightmare of a battle between you.

I urge you and your husband to consult estate planning counsel. There are far better ways to accomplish estate planning objectives than the one you mention which will not give cause for an expensive legal battle in the future.

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Posted

I agree with my colleague. In order to properly answer your question, one would need to know the purpose for your husband's desire to transfer the property. As mentioned above, there are a variety of ways to transfer title to property that will help you avoid future costly legal battles and heartache.

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