Norcalcouple: How do you change from “joint tenants” to “tenants in common”?
My husband and I have a prenup in place and we keep all our finances separate. We bought a home in unequal portions and with the understanding between us to hold title as “tenants in common.” When we were in escrow, the lender told us we would delay the sale if we don’t buy as “joint tenants” and we would loose the lock on our interest rate. So we allowed the papers to be filed as joint tenants. Now we want to change the deed to show us as “tenants in common” instead of “joint tenancy”. What is the easiest way to do this?
Answers and Views:
Answer by robert w
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Boy, your lender pulled a fast one on you.
Do you know how long it takes to put you in one vs the other?
As long as it takes to type it.
Check with a real estate attorney, but in most states, a married couple CANNOT own the primary residence as anything but the tenants by the entirety…that means undivided shares, and when one spouse dies the other inherits the property immediately.
Go see an attorney….all they have to do is draw up a new General Warranty Deed and refile the vesting.
It will take about 15 minutes and probably cost you $ 75.00
However, don’t be surprised if the attorney tells you it isn’t allowed in your state.
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