Legal Question in Real Estate Law in California

Re: joint tenancy

You do not need a form; a written statement that you are taking the property in that fashion is sufficient. Normally it is typed or written statement that described in the deed how the property is taken. But you must be sure that you qualify as joint tenances. And if both of you already owned the proprety as tenants in common and you have unequal shares you might have to balance off the values or make a gift from one to the other.

Re: joint tenancy

You do not need a form; a written statement that you are taking the property in that fashion is sufficient. Normally it is typed or written statement that described in the deed how the property is taken. But you must be sure that you qualify as joint tenances. And if both of you already owned the proprety as tenants in common and you have unequal shares you might have to balance off the values or make a gift from one to the other.

Re: joint tenancy

You do not need a form; a written statement that you are taking the property in that fashion is sufficient. Normally it is typed or written statement that described in the deed how the property is taken. But you must be sure that you qualify as joint tenances. And if both of you already owned the proprety as tenants in common and you have unequal shares you might have to balance off the values or make a gift from one to the other.

Re: joint tenancy

The methods for creating joint tenancies are set forth in Civil Code section 683.

If X is the current owner of real property, and X wants (and Y agrees) to hold the property as a joint tenant with Y, the basic formula is for X to deed the property to X and Y as joint tenants.

If your question about "legal form" has to do with choice of a pre-printed piece of stationery rather than the format of the words placed on the paper, the answer is that you can buy either a grant deed form or a quitclaim deed form.

It is not an "application," of course; if you fill out, deliver and record a deed, and do it correctly, the result will occur.

Lawyers receiving questions about selection of legal forms, filling out deeds, or creating joint tenancies are prone to shudder in dismay about possible procedural or strategic mistakes the questioner is about to make. Filling out, signing, delivering and recording a deed of any kind without professional help (real estate broker, title officer or lawyer) is tricky and any mistake can lead to huge complications down the road, e.g., an inaccurate or incomplete legal description of the property and interest conveyed can result in the necessity for a quiet title or cloud-on-title suit tomorrow or decades later.

More important, perhaps, many joint tenancies are ill-conceived attempts to pass title from generation to generation and avoid probate in the process. The joint tenancy may avoid probate, but it does not avoid taxes. A far better way to pass property from parent to child is by means of living trust - and I don't do them, so this is not an advertisment!

Re: joint tenancy

What are you talking about?