Tuesday, September 30, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

We’d like to change how the house title reads, how do we do that?

By
From page HSR2 | April 26, 2014 |

Q:  My girlfriend and I bought a house together last winter. It was the first house either of us had ever bought. We each paid half of the down payment and we’re splitting the mortgage and tax payments equally.

Many months ago I read one of your columns where you talked about the different ways you can hold title to a house with somebody else. I didn’t think much of it at the time, but this past weekend I was trying to clean out some paperwork and came across a copy of our deed. We apparently purchased the property as joint tenants. As I remember, that means if one of us dies the other person gets the whole house.

We had never discussed this with our escrow officer or real estate agent, but we both have kids from previous marriages and we want them to get our interest if we die.

On the other hand, if one of us dies, we don’t want that person’s adult kids moving in with the survivor or selling the house out from under them. What, if anything, should we do?

A:  This is a situation I’ve written about at least once each year in 20-plus years I’ve been writing this column. The reason is simple, there are more and more “blended” families where couples have the same issues and concerns you’re experiencing. The email questions like yours have gotten more and more voluminous over the years.

You are correct that, as joint tenants, the deceased’s one-half interest will pass to the other owner immediately upon death. At that point, the surviving owner can do with the property as he or she wishes.

To accomplish your goals, in the unfortunate event one of you passes away, you’ll need to take several steps.

First, you should sever your joint tenancy. There are a couple of ways to accomplish this, all of which are quite simple if both you are in agreement.

You will then hold the property as tenants in common, which simply means you each own 50 percent of the property and are free to do whatever you want with it upon your death.

Now the problem gets a little more complicated.

If you want to put restrictions on each other’s children it is best to accomplish this through estate planning documents such as a trust or will.  You’ll need an attorney to draft the plan because there are a number of options available, some with significant tax issues.

One option is to leave to the surviving owner a life estate for the deceased’s half interest. A life estate would give the surviving owner title to the property in its entirety, but only until that person dies.

After the death of the second owner, the two 50 percent interests will again be split and each will pass to the respective heirs. That way the kids would have no present ownership interest until the second person dies.

This is just one scenario.  There are many others.

And finally, you and your girlfriend need to enter into a tenants in common agreement. Longtime readers will know that I talk about these on a regular basis because I believe they are so important.

It’s amazing how many times two or more people invest hundreds of thousands of dollars in co-owned property with no written commitment regarding how the property will be handled.

Ultimately, somebody wants to sell, or thinks the owners can get more rent, or some other concern and a lawsuit results.

A good tenants in common agreement will address anticipated disputes before they happen and dictate what actions will be taken.  Particularly, what to do if one owner wants to sell.

Once again, there are as many different ways to draw up such an agreement as there are people who buy houses. The important part is to anticipate the likely areas of dispute.

Especially between boyfriends and girlfriends, who may not be boyfriend and girlfriend forever, a tenants in common agreement is of paramount importance.

Tim Jones is a real estate attorney in Fairfield. If you have real estate questions you’d like to have answered in this column you can contact him at SolanoScene@TJones-Law.com.

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

Solano News

Solano focuses on rail safety

By Barry Eberling | From Page: A3

 
Police search for missing man

By Glen Faison | From Page: A5 | Gallery

 
 
Measure A committee plans weekend precinct walk

By Susan Winlow | From Page: A5

Voters who have moved urged to check registration

By Barry Eberling | From Page: A5

 
Caltrans cancels nighttime Highway 37 closures

By Barry Eberling | From Page: A5

 
Fairfield police log: Sept. 27, 2014

By Glen Faison | From Page: A12, 1 Comment

Suisun City police log: Sept. 28, 2014

By Glen Faison | From Page: A12

 
Suisun City police log: Sept. 27, 2014

By Glen Faison | From Page: A12

Fairfield police log: Sept. 28, 2014

By Glen Faison | From Page: A12, 1 Comment

 
.

US / World

5 more bodies found at Japan volcano; toll now 36

By The Associated Press | From Page: , 1 Comment | Gallery

 
Group: Wildlife populations down drastically

By The Associated Press | From Page: , 1 Comment

45 dogs dead, 48 alive after North Las Vegas fire

By The Associated Press | From Page:

 
Police link 2nd case to missing Va. student arrest

By The Associated Press | From Page:

Netanyahu: Hamas, Islamic State group share creed

By The Associated Press | From Page: | Gallery

 
Cancer doctor given 10 years for poisoning lover

By The Associated Press | From Page: | Gallery

Afghan president sworn in, paving way for US pact

By The Associated Press | From Page:

 
Police ease tactics in Hong Kong protest standoff

By The Associated Press | From Page:

Study: Recessions can postpone motherhood forever

By The Associated Press | From Page: | Gallery

 
White House intruder got far past front door

By The Associated Press | From Page: , 1 Comment

Obama efforts to oust Assad pushed to back burner

By The Associated Press | From Page:

 
Islamic State closes in on Kurdish area of Syria

By The Associated Press | From Page:

Sacramento police seek suspect in dog’s drowning

By The Associated Press | From Page:

 
Shooing birds from Bay Bridge could cost millions

By The Associated Press | From Page:

Governor signs bills to help those in foster care

By The Associated Press | From Page:

 
Mountain View police ID gas victims as father, son

By The Associated Press | From Page:

.

Opinion

Editorial cartoons for Sept. 30, 2014

By Daily Republic Syndicated Content | From Page:

 
 
.

Living

Today in History: Sept. 30, 2014

By The Associated Press | From Page:

 
I’m unhappy with Phil and playing ‘happy family.’ What should I do?

By Kathy Mitchell and Marcy Sugar | From Page:

Community Calendar: Sept. 30, 2014

By Susan Hiland | From Page:

 
Horoscopes: Sept. 30, 2014

By Holiday Mathis | From Page: B7

.

Entertainment

Amanda Bynes arrested for DUI in Los Angeles

By The Associated Press | From Page: , 2 Comments | Gallery

 
They did. They do. Clooney/Alamuddin wedding No. 2

By The Associated Press | From Page: | Gallery

Football commands highest TV ad prices

By The Associated Press | From Page: | Gallery

 
TVGrid Sept 30

By Daily Republic Syndicated Content | From Page: B8

 
.

Sports

Developer asks for more time for LA football plan

By The Associated Press | From Page:

 
Monday’s sports transactions

By The Associated Press | From Page:

 
Raiders fire coach Dennis Allen

By The Associated Press | From Page:

Prep boys soccer: VCS still looking for 1st win of season

By Daily Republic staff | From Page:

 
Charles sends Chiefs to 41-14 rout of Patriots

By The Associated Press | From Page:

Clippers return focus to team post-Sterling

By The Associated Press | From Page:

 
Giants have ample experience facing elimination

By The Associated Press | From Page:

Dover installs catch fence for 2015 NASCAR season

By The Associated Press | From Page:

 
Warriors happy to have core back, build on success

By The Associated Press | From Page: | Gallery

All-women sports show debuts with perfect timing

By The Associated Press | From Page:

 
Autopsy shows Chiefs LB Belcher had CTE damage

By The Associated Press | From Page:

AJ Hinch hired to manage Astros

By The Associated Press | From Page: | Gallery

 
Phil Mickelson saves best shot for his captain

By The Associated Press | From Page:

MLB batting average lowest since 1972 – before DH

By The Associated Press | From Page:

 
Wild, wild SEC West set for historic day

By The Associated Press | From Page:

Kershaw 1st to lead majors in ERA 4 straight years

By The Associated Press | From Page:

 
AP source: 7 umpires rotate at World Series

By The Associated Press | From Page:

Pagenaud joins Penske for 2015 IndyCar season

By The Associated Press | From Page:

 
Texas’ Strong tells Goodell colleges can do better

By The Associated Press | From Page:

Hornets await NBA investigation into Taylor

By The Associated Press | From Page:

 
Trout, Strasburg giving playoffs a fresh look

By The Associated Press | From Page:

 
NC State coach: No. 1 Florida State faked injuries

By The Associated Press | From Page:

A’s Lester, Royals’ Shields in AL wild-card focus

By The Associated Press | From Page:

 
Raiders’ season spinning out of control

By The Associated Press | From Page: | Gallery

Harbaugh dismisses reports of 49ers discord

By The Associated Press | From Page: | Gallery

 
3-way race for NL MVP; Trout takes his turn in AL

By The Associated Press | From Page:

Stewart never considered retiring after Ward death

By The Associated Press | From Page: | Gallery

 
Twins fire manager Ron Gardenhire after 13 seasons

By The Associated Press | From Page:

.

Business

Bank of America paying $7.65M to resolve inquiry

By The Associated Press | From Page:

 
Microsoft to offer early look at next Windows

By The Associated Press | From Page: | Gallery

US stocks head lower, following drops overseas

By The Associated Press | From Page:

 
US consumer spending up 0.5 percent in August

By The Associated Press | From Page: | Gallery

ATM fees keep climbing, survey says

By The Associated Press | From Page:

 
.

Obituaries

.

Comics

Beetle Bailey Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Garfield Sept 30

By Daily Republic Syndicated Content | From Page: B6

For Better or Worse Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
B.C. Sept 30

By Daily Republic Syndicated Content | From Page: B6

Sudoku Sept 30

By Daily Republic Syndicated Content | From Page: B7

 
Wizard of Id Sept 30

By Daily Republic Syndicated Content | From Page: B6

Dilbert Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Crossword Sept 30

By Daily Republic Syndicated Content | From Page: B7

Baby Blues Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Baldo Sept 30

By Daily Republic Syndicated Content | From Page: B6

Peanuts Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Sally Forth Sept 30

By Daily Republic Syndicated Content | From Page: B6

Cryptoquote Sept 30

By Daily Republic Syndicated Content | From Page: B7

 
Frank and Ernest Sept 30

By Daily Republic Syndicated Content | From Page: B6

Pickles Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Blondie Sept 30

By Daily Republic Syndicated Content | From Page: B6

Zits Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Get Fuzzy Sept 30

By Daily Republic Syndicated Content | From Page: B6

Bridge Sept 30

By Daily Republic Syndicated Content | From Page: B7

 
Rose is Rose Sept 30

By Daily Republic Syndicated Content | From Page: B6

Word Sleuth Sept 30

By Daily Republic Syndicated Content | From Page: B7

 
.

Discover Solano Fall/Winter 2014

Discover Solano Fall 2014: Sonoma County

By Jess Sullivan | From Page: DIS2

Discover Solano Fall 2014: Historic Downtown Winters

By Susan Hiland | From Page: DIS3

Discover Solano Fall 2014: Winters

By Barry Eberling | From Page: DIS3

Discover Solano Fall 2014: Napa County

By Barry Eberling | From Page: DIS20

Discover Solano Fall 2014: Yolo County

By Jess Sullivan | From Page: DIS23

Discover Solano Fall 2014: Western Railway Museum

By Susan Hiland | From Page: DIS23

Discover Solano Fall 2014: Benicia

By Barry Eberling | From Page: DIS29

Discover Solano Fall 2014: Downtown Benicia

By Susan Hiland | From Page: DIS31

Discover Solano Fall 2014: Benicia Fire Museum

By Susan Hiland | From Page: DIS31

Discover Solano Fall 2014: Benicia Plein Air Gallery

By Susan Hiland | From Page: DIS31

Discover Solano Fall 2014: Benicia Marina

By Susan Hiland | From Page: DIS32

Discover Solano Fall 2014: Dixon

By Barry Eberling | From Page: DIS33

Discover Solano Fall 2014: Fairfield

By Ryan McCarthy | From Page: DIS35

Discover Solano Fall 2014: Solano Town Center

By Susan Hiland | From Page: DIS36

Discover Solano Fall 2014: Jelly Belly Candy Co.

By Susan Hiland | From Page: DIS36

Discover Solano Fall 2014: Fairfield Aquatics Complex

By Susan Hiland | From Page: DIS37

Discover Solano Fall 2014: Anheuser-Busch Brewery Tours

By Susan Hiland | From Page: DIS37

Discover Solano Fall 2014: Suisun Valley

By Barry Eberling | From Page: DIS39

Discover Solano Fall 2014: Glashoff’s Studio

By Susan Hiland | From Page: DIS40

Discover Solano Fall 2014: Manka’s Corner

By Susan Hiland | From Page: DIS41

Discover Solano Fall 2014: Wine Tasting

By Susan Hiland | From Page: DIS41

Discover Solano Fall 2014: Rio Vista

By Susan Winlow | From Page: DIS42

Discover Solano Fall 2014: Foster’s Bighorn Bar

By Susan Hiland | From Page: DIS43

Discover Solano Fall 2014: Suisun City

By Amy Maginnis-Honey | From Page: DIS45

Discover Solano Fall 2014: Rush Ranch

By Susan Hiland | From Page: DIS46

Discover Solano Fall 2014: The Suisun Wildlife Center

By Susan Hiland | From Page: DIS46

Discover Solano Fall 2014: Grizzly Island

By Susan Hiland | From Page: DIS46

Discover Solano Fall 2014: Vacaville Museum

By Susan Hiland | From Page: DIS47

Discover Solano Fall 2014: Downtown Vacaville

By Susan Hiland | From Page: DIS47

Discover Solano Fall 2014: Vacaville Premium Outlets

By Susan Hiland | From Page: DIS48

Discover Solano Fall 2014: Vacaville

By Susan Winlow | From Page: DIS49

Discover Solano Fall 2014: Nut Tree Plaza

By Susan Hiland | From Page: DIS50

Discover Solano Fall 2014: Vallejo

By Barry Eberling | From Page: DIS52

Discover Solano Fall 2014: Vallejo Symphony

By Susan Hiland | From Page: DIS53

Discover Solano Fall 2014: Mare Island Museum

By Susan Hiland | From Page: DIS53

Discover Solano Fall 2014: Children’s Wonderland

By Susan Hiland | From Page: DIS53

Discover Solano Fall 2014: Vallejo Baylink Ferry

By Susan Hiland | From Page: DIS54

Discover Solano Fall 2014: Empress Theatre

By Susan Hiland | From Page: DIS54

Discover Solano Fall 2014: Six Flags Discovery Kingdom

By Susan Hiland | From Page: DIS54

Discover Solano Fall 2014: Flyway Festival

By Susan Hiland | From Page: DIS54

Discover Solano Fall 2014: Bay Area Ridge Trail

By Susan Hiland | From Page: DIS54

Discover Solano Fall 2014: Solano County

By Barry Eberling | From Page: DIS55

Discover Solano Fall 2014: Solano County Golf Courses

By Susan Hiland | From Page: DIS56

Discover Solano Fall-Winter 2014 Calendar

By Glen Faison | From Page: DIS57

Discover Solano Fall 2014: Bale Grist Mill

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: The Petrified Forest

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: Winters Opera House

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: Sterling Winery

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: Safari West

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: UC Davis Mondavi Center

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: Calistoga Hot Springs

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: Vintage Aircraft Company

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Casinos

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Scientopia Discovery Center

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Old Faithful Geyser

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: The Sonoma Raceway

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Hot Air Ballooning

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Robert Louis Stevenson Park

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Sonoma Train Town

By Susan Hiland | From Page: DIS60