Legal Question in Real Estate Law in California
If a GRANT DEED reads as follows: John Doe and Jane Doe, husband and wife as joint ("as joint" is crossed out) and Mary Smith, a married woman as her sole and separate property the following described real property in the County of San Bernardino, State of California as joint tenants. What percent does each person own? I interpreted it as husband & wife owning 50% and Mary the other 50%. Is this correct? This is confusing for someone who doesn't understand.
1 Answer from Attorneys
General rules: Where three people are listed with "as joint tenants" appearing at the end, each owns a 1/3 undivided interest in the whole property. If one of the joint tenants dies, that person's share goes to the two remaining joint tenants. If two die, the remaining person gets the entire ownership. There is a procedure to perfect the change of ownership at the death of any of the joint tenants. There are a number of rules regarding joint tenancy that might or might not make it the best way for your three people to hold title. I urge you to consult with a real estate attorney to learn the pluses and minuses of owning property this way. Also, I am guessing that a lawyer or title company did not prepare your deed. There should never, never be strikeouts on the face of a recorded deed. A real estate lawyer can prepare the deed correctly and allow you three to hold title in the manner best in line with your wishes.
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