[brobs1986]

I hold a quitclaim property deed recorded in Klamath County, OR. Back in 2002. It states that myself (son) and my father are equal partners as grantees with all rights, title and interest in the said property. My father has recently married (2013) and I received documentation that he wants to bequeath half of his interest to his new wife. Do I have any legal recourse to prevent this from happening before my father dies.

[AK lawyer]

The title of this thread suggests that you and your father hold the title as joint tenants with right of survivorship. If that is the case, upon his death he would have no interest in the property remaiing, and therefore a will leaving it to his wife would have no effect, as far as this property is concerned. In other words, he cannot leave her something he doesn't own.

He would have to sue you to partition the property before he dies, in order to leave any interest in it to her.

[LisaB4657]

You have to carefully read the current deed and look for specific language appearing after yours and your father's names. Does it say "as joint tenants with right of survivorship (or JTWROS)"? If so then your father cannot bequeath any part of his share of the property. Upon his death all of his ownership would pass to you automatically.

But if the language is "as tenants in common" then he can bequeath or transfer his share of ownership to anyone.

If neither one of those phrases appears in the deed after your names then you are considered as tenants in common and he can bequeath or transfer his share of ownership to anyone.