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?
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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 8 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.
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