How can I prove ownership of a house in a California court?

About 6 years ago my grandma told me she wanted me to have the house when she passed away. We went down to the county assessors and records dept and she put me on the Grant Deed as joint tenants. She recently passed away and I was told to file a affidavit of death of joint tenant which transfers the title solely to me. Unfortunately she didn't make a Will before her passing. And of course a greedy family member wants to take me to court over it. All he has is a verbal statement. Without a will can my name on the deed avoid a lengthy and maybe costly court battle over something ridiculous..All he has is that she verbally have him the house and I brainwashed my grandma in giving it to me..

3 Answers

  • 8 years ago
    Favourite answer

    The will (or absence of a will) is irrelevant if the property is titled as joint tenancy. Title to the property passes AUTOMATICALLY to the surviving joint tenants.

    But you must be absolutely sure that the grant deed legally created a joint tenancy, AND be sure that the joint tenancy was not subsequently severed prior to your grandmother's death. Once you establish these two things, the only way the greedy family member will be successful is by proving that your grandma's grant to you was the result of insanity, undue influence, duress, etc.

  • 8 years ago

    If your name is on the deed, the house is yours. Simple as that. Bring a copy of the deed and show the judge. Done and over with.

    In the meantime, fiel the death certificate and affidavit required and get the house solely in your name.

    His verbal claim means absolutley nothing in a court of law. Not a thing.

  • 8 years ago

    You really should see a real estate attorney, in order to not get it wrong.

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