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Need to sell Tenancy in Common property

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4mymother

Junior Member
What is the name of your state? California
My parents and a friend purchased 2 ac. of undeveloped property 35 years ago. The property deed states that my mother and father own 25% each, and their friend owns 50% (tenancy in common). My father and their friend have died leaving my mother as the only one living. My mother and her friend's only child would like to sell the property (value is about 10-15,000 $). They would like to know what documents/legal forms are needed, and could this be completed without a law degree? Thank you for any information you can pass our way!
 


JETX

Senior Member
4mymother said:
They would like to know what documents/legal forms are needed, and could this be completed without a law degree?
A 'tenancy in common' does NOT transfer automatically on the death of the joint owner(s). Any transfer of ownership will require a will, or be subject to your state intestate succession laws.

tenancy in common
n. title to property (usually real property, but it can apply to personal property) held by two or more persons, in which each has an "undivided interest" in the property and all have an equal right to use the property, even if the percentage of interests are not equal or the living spaces are different sizes. Unlike "joint tenancy," there is no "right of survivorship" if one of the tenants in common dies, and each interest may be separately sold, mortgaged or willed to another. Thus, unlike a joint tenancy interest, which passes automatically to the survivor, upon the death of a tenant in common there must be a probate (court supervised administration) of the estate of the deceased to transfer the interest (ownership) in the tenancy in common.


Bottom line.... your mother only owns 25% of the property. And it is likely that the daughter of the friend only owns a portion also.
They will need to talk with a local probate attorney to see what can be done about ownership.
 

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