Legal Question in Family Law in California

Reply: Joint Tennancy Deed

In a general sense, being on title places you into the position of an owner. You may or may not be an equal owner depending upon exactly how title is held. The procedure to follow to force a sale of the property and a division of the proceeds based upon percentage of ownership is called an action for partition of real property. This is done in civil court not in family law court.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced lawyer. Experience is not expensive, it's priceless!

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: Joint Tennancy Deed

your name being on the RECORDED deed will effectively establish a powerful legal presumption that you are in fact a joint tenant in the property at issue, especially coupled with the fact you have $50K invested into the home based upon your full reliance in the validity of the joint tenancy creation and properly recorded deed. therefore, your g/f would be HARD pressed to rebut this legal presumption or show any other "intent" was meant prior to your joint tenancy rights "kicking in". So, in a nutshell, you have the stronger case under the facts presented. even if she unilaterally destroys the joint tenancy at this point, you would still have equal rights to the property as a co-tenant and only your classification would change (tenant in common). your ex would more or less have to "buy you out" under the factual circumstances, and you would have to be willing to sell, absent a court order to the contrary. if you would like further assistance or direction, contact us today.