If 2 people are on a grant deed, can 1 put the whole property in a living Trust and cut the other one out?

What can I do?

Asked on July 30, 2015 under Estate Planning, California


M.H., Member, California Bar / M.H., Member, California Bar

Answered 5 years ago | Contributor

How is title held to the property?  Is it joint tenants, tenants in common, community property or community property with right of survivorship?
If the property is held in joint tenancy, your unilateral conveyance to your trust will sever the joint tenancy and convert your interest of 50% into tenants in common.  If the property is community property, then you would need your spouse's consent to convey the property to your trust.  
In short, you cannot convey the entire property to your trust without the other party's consent.  If you do, the court would probably construe your act as fraudulent. 
I hope I answered your question. 

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