Legal Question in Real Estate Law in California
domestic partnership joint tenancy
Does the joint tenancy on my
property I own with my ex domestic
partner get automatically severed
with the dissolution of the
partnership? Or do I need to file a new
deed to protect my 50/50 interest
and we become tenants in common?
1 Answer from Attorneys
Re: domestic partnership joint tenancy
After doing some research on cases, statutes and other material, I did not spot anything saying that termination of a California registered domestic partnership also has the effect of severing a joint tenancy between the former partners. Further, this would seem a bit illogical to me, since holding in joint tenancy is not a particular feature or attribute of registered or unregistered domestic partnership. Community property of registered domestic partners would be another story. It's probably a wise idea to record a deed severing the joint tenancy. See Civil Code section 683.2.
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