If property is held by a divorced couple as joint tenants and one of them re-marries, can that person add their new spouse to the title without permission of the other owner?

Get Legal Help Today

 Secured with SHA-256 Encryption

If property is held by a divorced couple as joint tenants and one of them re-marries, can that person add their new spouse to the title without permission of the other owner?

Asked on December 28, 2015 under Real Estate Law, California

Answers:

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

Answered 5 years ago | Contributor

In joint tenancy, if 1 tenant conveys his or her interest (or a portion thereof) to another person, the joint tenancy is broken and all of the owners become tenants in common. Additionally, my research suggests that in CA, if a couple divorces and the ex-spouses still own the property as joint tenants, the divorce serves to change the joint tenancy title to tenancy in common.
That having been said, it appears that you still own 1/2 of the property; your ex's share is split with his new wife. To be certain of your rights, however, you should consult directly with a local real estate attorney. They can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption