Legal Question in Intellectual Property in California

statue of limitations for joint tenacy when I owner dies

Can the owner of a joint tenancy

have a much time as he needs when one owner dies to keep the

property.


Asked on 2/19/08, 4:26 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: statue of limitations for joint tenacy when I owner dies

It would be easy to oversimplify the answer here by saying there's nothing to be done because the surviving joint tenant automatically becomes the sole owner by operation of law. That's true, but there could be more to it.

First, the survivor might want to record an affidavit of death of joint tenant to clear up record title.

Another lurking problem is illustrated by this example: Suppose X and Y own Blackacre in joint tenancy. X is living there with his family; Y lives somewhere else. X dies. Y becomes sole owner of Blackacre. X's family continues to live at Blackacre and pay the property taxes. X's family might acquire title to Blackacre after five years by adverse possession.

In this example, the five years IS a statute of limitations - it is the statute of limitations for suit to recover title and possession from an adverse possessor. Code of Civil Procedure sections 318 et seq.

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Answered on 2/19/08, 5:07 pm


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