Legal Question in Real Estate Law in California

Re: joint tenant removal

A joint tenant is a co-owner. You cannot simply remove them from title.

If the person has died, you can file a document called and Affidavit of Death of Jointed Tenant and recorded it at the county recorder's office. It will need to be notarized and you'll need to attach a certified copy of the death certificate. After that, the property is yours.

If the person is living, you'll need to take them to court if they won't voluntarily deed their interest in the property to you.

Re: joint tenant removal

Refile title in your name as an individual and it will automaticall sever the joint tenancy and make it a tenancy in common.

Our office specializes in this type of procedure.

Please feel free to contact me through the info provided on this site, or through our firm's site at No-Probate.com.

Scott

Re: joint tenant removal

The question is whether or not the joint tenant agrees with the removal. Both parties have the tenancy for life, and without an agreement, or death, one has to take the other to court.