California- Change from Right if Survivorship to Sole and separate

Mother and Son purchase a property together.
Mother does not want her 50 to go to the son on
title. Title currently is with the right of survivorship

Asked on September 12, 2018 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

An owner of real estate cannot be made to relinguish their ownership rights or change such rights in any way, at least not without their consent. A deed may only be changed with the agreement of all parties on it.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It can't be changed unless everyone on the deed--that is, the son and the mother, in this case--all agree to the change. One owner cannot be made to give up or change any of his rights agaisnt his will. If the son will not agree to the change, the deed will stay as is.


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