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Still OK

Posted by Ward-CA- on August 07, 2003 at 7:25 AM

In Reply to: Single now Married joint tenants posted by Gus on August 07, 2003 at 1:37 AM

: Ward,
: A Single couple purchased a property as joint tenants, the couple have since married and have not made changes to the original recorded Grant Deed, since then the couple separated in(1998),one spouse has been living and paying the mortgage in the property and is now interested in selling me their 1/2 interest in the property (is this possible with a married couple?)

: 1. Could one spouse Sell me their 1/2 interest in joint : Ward,
: A Single couple purchased a property as joint tenants, the couple have since married and have not made changes to the original recorded Grant Deed, since then the couple separated in(1998),one spouse has been living and paying the mortgage in the property and is now interested in selling me their 1/2 interest in the property (is this possible with a married couple?)

: 1. Could one spouse Sell me their 1/2 interest in joint tenants,since they aquired the property originally when they were single as joint tenants?
: If so, Could the individual married joint tenant vest their interest into tenants in commom and then sell me their 1/2 interest to the property or Grant me their interest directly(from spouse joint tenant to Gus 1/2 interest?)
: 2.If so, what is the correct vesting execution?

: Sincerely,
: Gus

=-=-=-=-=-=-=-=-=-=

Yes, a partial owner of real property can sell you their partial interest. If that interest is a joint tenancy interest, it will automatically become a tenants in common interest when the partial interest passes to you.

The vesting would be very simple. In the grantor's space on the deed you'd put the seller's name, like Ward Hanigan. And then in the grantee's space you'd put the buyer's name, like Gustavo Castro.




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