Legal Question in Real Estate Law in California

Deed in two names and title in only one name

The grant deed says that taxes go to owner on deed and owner on the title is the same person. The grant deed is joint tenancy ROS and given to the second party as a gift. If the second party is not on the title, then do both now own the house? Or must second party wait until owner dies? Must second party have name placed on title?


Asked on 1/07/09, 1:17 pm

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Deed in two names and title in only one name

In California a deed is effective to transfer "title" the moment the grantor signs it and "delivers" the deed to the grantee. The only thing remainig to be done is to record that deed with the County Recorder in the County in which the property is located. Once the deed is recorded a title report would show that "title is vested in" you and the original owner as joint tenants.

If someone has executed some form of deed and the names of the grantees are the person "on title" and you, you own an interest in the property and are "on title." While a title company's title report may not show you as being "on title," that is only because you have not yet recorded the deed from the grantor to the grantor and you as joint tenants. Both you and the person who signed the deed are equal owners of the entire property. If one joint tenant should die, the other joint tenant automatically becomes the sole owner of the property.

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Answered on 1/07/09, 2:13 pm


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