Legal Question in Wills and Trusts in California

My boyfriend and I own a home in California together since 1994. The deed lists us as "joint tenants" but doesn't have the words, "with rights of survivorship". Do we need to amend the deed or are the rights to survivorship implied? If we need to amend the deed is there an easy way to get this done?

Thank you!


Asked on 1/13/14, 4:51 pm

3 Answers from Attorneys

Michele Cusack Pollak & Cusack

RIght of survivorship is implied if it say "joint tenants"

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Answered on 1/13/14, 5:10 pm
William Christian Rodi Pollock

You do not need to take further action if you want rights of survivorship. Are you sure you do? If you or he dies, the other gets your entire share. If this is exactly what you iintend, it works well. This means, however, you do not want to provide for your child or family from the real estate. Have you thought about what happens if you both die together? Where is it supposed to go then? What if you die, then he dies 10 minutes later. His family is to get it all, right?

While rights of survivorship may be what you want, you should carefully consider the questions and impact of the form of holding title.

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Answered on 1/13/14, 5:29 pm
Joel Selik

Joint tenants means right of survivorship, no further action is required.

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Answered on 1/13/14, 6:31 pm

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