Legal Question in Real Estate Law in California

Re: Grant Deed Title Interpretation

That's what courts are for. I would interpret it as half to husband & wife, and half to Mary. But the words "-all- as joint tenants" throws a bit of a monkey wrench into the works. It could depend on who put up the money, who the seller was, who has paid the mortgage, etc.

Re: Grant Deed Title Interpretation

I concur with Mr. Cohen's comments, but both interpretations could be reasonable given the sparse set of facts that you have provided. It would seem that you have John and Mary S. on the one hand and Mary C. on the other hand. There is presumably other evidence of their intentions such as how they split up the down payment, who paid the mortgage or how rental profits (if any) were divided.

Re: Grant Deed Title Interpretation

If a partition action is filed, the parties will have to put on evidence of their entitlement to the property, which will include evidence of who made the down payment, who has been paying taxes, mortgage payments, maintenance expenses, etc. After the court hears that evidence, it will make a decision as to each party's respective interests in the property. When property is held in "joint tenancy" it means that each person has an equal right to the property. In a partition action, if each has paid 1/3 of the costs of the property, each is likely to be awarded a 1/3 interest in the property.

Re: Grant Deed Title Interpretation

I'm voting for the 1/3-1/3-1/3 theory. The words "all as joint tenants" must be given meaning...."all" is a deliberate choice of the drafter of the deed; "both" could have been chosen and was not. If all means ALL, then the three parties are each joint tenants, and as such their shares must be equal.

(Further, there is some case law to the effect that expressions such as "husband and wife" are merely descriptive labels and do not have legal weight. This principle applies to labels such as "president" under a signature on a business contract, where it does not, without more, make the execution by the corporation rather than by the individual.)

Re: Grant Deed Title Interpretation

How much did each party contribute? That will determine the outcome. Call me directly at 16192223504.