Legal Question in Real Estate Law in California
What information is needed to add a joint tenant to a title on a house?
1 Answer from Attorneys
Joint tenants must acquire their interests simultaneously. Therefore, it is awkward to try to create a true joint tenancy when one of the proposed joint tenants is already on title. If you'd be content with co-ownership in the form of a tenancy in common, this would be easier. In such a case, basically you'd need a deed from X, the current sole owner, to X and Y as tenants in common. In order to prepare the deed, the information needed would include the full legal names of the proposed co-owners; their marital status; the type of consideration given (cash, property, love and affection, or whatever), and, perhaps most important, a complete and correct legal description of the property, consistent with the current deed by which the present owner acquired title. I suggest using a professional with deed-preparation experience (real estate broker, attorney, etc.) to avoid the possibility of making a mistake. The process goes beyond just having the necessary information.