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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7415
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Can one person in a join tenancy quit claim their rights to

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Can one person in a join tenancy quit claim their rights to a property to someone else without severing the joint tenancy?
Hello, and thanks for contacting us with your question. Generally, a conveyance by a joint tenant severs the joint tenancy with rights of survivorship - JTWROS)) and turns it into tenancy in common. So if the intent is to substitute your sister for your grandmother and retain JTWROS for the two of you, then both you and your grandmother should sign the new deed conveying the property to you and your sister as JTWROS.
I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send me a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Just Answer. We appreciate your business.
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Customer: replied 4 years ago.

Thank you. So, we would be allowed to create/sign a new deed that conveyed the property to my sister and I only? If the property is in a living trust does that complicate the legality?

Hi, and thanks for the positive rating. The property is either in the name of a trust or it's in your and your grandmother's names, it can't be in both at the same time. Please tell me all the facts and what you wish to accomplish. Then I can tell you how to get it done. Thanks again. I'm heading for dinner, so it might be later this evening before I get back to you.
Customer: replied 4 years ago.

Thank you! The current state of the property is we are refinancing into a 30yr fixed at which point we plan to hold title in JTWROC (my grandmother and myself and we will both be on the loan/mortgage). The house is currently in a living trust and the broker said it must stay in the trust during the process(versus pulling it out of the trust) based on rules/policies. After the loan is closed and processed my grandmother would like to ensure that the home goes to my sister as well. Her thought was to quit claim to her and that way both her grandchildren would receive the home. Is there a better process for the desired end result to occur? PS- I needed to go on the loan based on my grandmother's income.. both of our incomes were needed. But, if there is a better legal process to hold the title especially since we have a living trust that would be great as well. I really appreciate the help and information!

Hi. I do need a little more time and info. What are the plans for living in the home between you, grandma and sis, now and after grandma is gone or in nursing home. Is the entire home in the living trust or half in trust and half in your name?
Customer: replied 4 years ago.

The entire home is in the living trust. All three of us live here, have lived here and plan on living here indefinitely.

Sorry for taking so long to get back to you. Trust ownership definitely complicates the legal picture, but not necessarily in a bad way. If the home is owned by the trust, then there is no joint tenancy among any of you. The ownership is determined and passes by the language of the trust, which will survive the deaths of any of you, no matter in what order. I don't know what the trust instrument provides, concerning survivorship, but it could simply have a provision that the trustee is to maintain the home for each of you for your respective lifetimes, and then have it pass to whoever you chose upon the death of the last to survive. Each one of you could serve as co-trustees. I can't tell you if the trust is set up that way, or if it needs to be amended, and possibly made irrevocable if Medicaid assistance is contemplated for Grandma in less than five years. As I said, the trust somewhat complicates the situation, but it carefully drafted it could be the best way to set things up the way you want them.
Customer: replied 4 years ago.

Thank you for your help. One last question that I am confused about- in the above described situation how is the title held during escrow in the refinance?

I don't practice in CA., so I don't have direct knowledge of how re-fi works there. I doubt that there has to be any title transfer into escrow as long as your re-fi lender is willing to make the loan to the trust. I also suggest that you have an attorney review the trust itself so you can be sure that it is set up to do what you want done under varying circumstances. Good Luck in the future. If you need me again, you can start a new question with "for Irwin Law".