Legal Question in Wills and Trusts in California

How to change "Tenats in common" to "Joint tenants"?


Asked on 10/19/09, 8:00 pm

2 Answers from Attorneys

Aaron Feldman Feldman Law Group

To create a Joint Tenancy requires all parties on title to the property to execute a new Deed and record it with the Recorder for the County where the property is located. There are a number of rules concerning joint tenancies so you should probably discuss your situation with an attorney. For example, a joint tenancy can be severed unilaterally, meaning that the joint tenancy can be converted back into a tenancy in common by the other party without your consent. A joint tenancy represents an expectancy that the survivor will receive full title when the other joint tenant (or tenants) have passed away.

Read more
Answered on 10/19/09, 8:45 pm
George Shers Law Offices of Georges H. Shers

You also need to check with the Assessor's Office that making the chnage will not trigger a new land appraisal or be considered a conveyance of the land so that transfer taxes and increased real property taxes are payable. If it is a parcel of land large enough to build currently two homes on it, we careful that they do not view the change iln ownership title as a barrier to future development by arguing that it is one large, unsubdiviable lot[not likely but you must be aware of all the benefits and detriments in your proposed action].

Read more
Answered on 10/19/09, 8:52 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California