Legal Question in Real Estate Law in California

I often sell vacant lots direct to my buyers, and prepare and notarize and record the grant deed myself. But one of my Buyers wants to take title (with their wife) NOT as "Husband and Wife as Joint Tenants", NOT as "Wife and Wife as Joint Tenants", but they want it in gender-neutral terms. Can I grant the property to "Spouse and Spouse as Joint Tenants"?

Asked on 3/28/21, 7:26 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

If they are taking title as joint tenants, there is no need for ANY designation of marital status, because that supersedes any issue regarding whether they are taking as community property or not. If they wanted to take title as tenants in common as sole and separate property, it would get a bit more complicated as to how to draft the deed. But for joint tenants all you need is Name and Name as joint tenants, nothing more.

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Answered on 3/29/21, 8:14 am

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