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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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A house was purchased in 1990 by a married couple. The

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A house was purchased in 1990 by a married couple. The couple have lived in the house as joint tenants since 1990. In 1997 ownership of the house was moved to a trust. The trust carried the names of both partners of the the married couple. In 2006 the
trust changed the ownership of the house from both married partners to the name of only the female partner. I understand that the male partner has no property interest in the house at this point. The married couple are now in their 80s and still living in
the house. The female partner, who the trust has named sole owner in 2006, is now in a situation of UN-diagnosed dementia. What steps can be taken to have property interests of the male partner restored?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Start working with a trusts and estates attorney. The fact that the wife now has dementia (even if undiagnosed) means that her mental capacity is diminished, if the husband is aware of this and the wife were to deed the property back to the couple as joint tenants, or back to the trust, the transfer could later be contested by the wife's estate.This may or may not become an issue, but having a lawyer assisting with this process can help ensure that this is not an issue later. Whenever you are working with someone whose mental capacity is diminished it is important not to take shortcuts and hiring a lawyer is a small cost up front to help ensure you don't incur much greater expenses later on.