Legal Question in Real Estate Law in California
change tennancy from joint to in common
I want a form that I can complete and file with the county recorder that will change my tennancy from ''joint'' to ''in common'' on the deed to our home.
1 Answer from Attorneys
Re: change tennancy from joint to in common
Civil Code section 683.2 treats the subject of severing joint tenancies. You should read and understand (more or less) the entire section before attempting this, or get legal advice locally.
I would obtain a blank quitclaim deed form, and deed your interest as joint tenant to yourself as tenant in common. Sign the deed before a notary, then record it with the county recorder.
Be sure the property description is 100% accurate. Use the legal description as well as the address and the assessor parcel number.
Most, but not all, joint tenancies consist of two cotenants, and upon severance each owns 50% as a tenant in common. However, a few joint tenancies consist of more than two joint tenants and/or are mixed with other fractional interests and if your situation is anything other than a plain vanilla two-party joint tenancy, be sure to get further legal advice.
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