Legal Question in Real Estate Law in California

grant deed

If grant deed was taken: A&B husband and wife- as joint tenancy one-haft undivided interest and C&D husband and-as joint tenancy one-haft undivided interest

A&B got divorced and B sign a quit claim deed to A would that change or would all parties have to sign off the sane deed to record a new deed in A unmarried man and C&D husband and wife who are joint tenants to each other? Would title still be good if all parties did not sign off ?


Asked on 11/19/07, 12:16 am

2 Answers from Attorneys

Tina Nia The Law Offices of Tina A. Nia, APLC

Re: grant deed

As it stands now, A has a tenancy in common with C & D. I am not sure whether C & D's joint tenancy still stands. My guess is, it probably became tenancy in common as well.

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Answered on 11/19/07, 5:36 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: grant deed

Your question is not entirely clear as to how title was originally held by these four people.

If I understand the given information correctly, the original ownership was A&B holding, as their community property, a 1/2 joint tenancy interest with C&D who similarly hold the other 1/2 of the joint tenancy as their community property.

If so, when B quitclaims to A, the joint tenancy beween A&B, on the one hand, and C&D on the other, is severed. This is because there has been a change in ownership on one side of the joint tenancy: "A alone" is not the same ownership as "A&B 's community.

What you're left with is no joint tenancy at all. You have A holding a 50% interest as a tenant in common with C&D's marital community. C&D's community holds the other 50% as a tenant in common with A.

That is, if I got the facts right.

In some instances, the severance of a joint tenancy does not terminate the right of survivorship unless the deed or other instrument causing the severance is recorded.

The amount (dollar value) of ownership, and most other aspects of the parties' relationship is unaffected by the severance of the joint tenancy, but the right of survivorship disappears. If the parties wish to remain in a joint-tenancy situation, i.e. to restore the right of survivorship, this can be done by executing and recording a new deed (carefully prepared by a lawyer) expressing that intent.

It may sound complicated, but it's really very simple. Joint tenancies are fragile, and they don't survive changes in ownership. When the joint tenancy is severed, it turns into a tenancy in common.

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Answered on 11/19/07, 5:50 pm


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