Legal Question in Real Estate Law in California

Re: joint tenancy to tenancy in common

I agree with Messrs. Shers and Nelson. Yous start off well, but the more discussion you give us, the more confused your facts become. Let me give you a few general rules:

(1) If someone is "on title" to real estate, that someone has legal ownership of whatever interest is shown in the record of title. Someone can be "on title" as sole owner or as a part owner. If a part owner, the person can hold as a joint tenant, tenant in common, as a community-property interest, and one or two other ways. Finally, it is possible, although unusual, for someone other than the legal owner or owners shown on legal title to have a conflicting or superior interest as a beneficial or equitable owner through adverse possession, a resulting trust, etc., but as I say, these situations are very unusual.

(2) Your father's adding you to the title (not the deed, that's the wrong word) along with your mother probably gave you some interest as a co-owner, but knowing precisely what happened would require looking at the deed, looking into what interest your father had at the time of that deed, and perhaps other matters such as delivery and recording of the deed.

(3) The difference between a "deed" and "title" is that the former is a one-time-use piece of paper used to change title, whereas "title" is a concept, not a tangible piece of paper - just like "owner" is a person but "ownership" is an intangible concept.

(4) What do you mean "rolled into my name?" If you were a joint tenant with someone who died, you would acquire that person's share of ownership by operation of law.

(5) Very possibly you became a tenant in common with your mother, but whether you got a 1/2 interest, 1/4 interest or something else is a question that can't be answered with these incomplete and jumbled facts.

(6) If he recorded a deed, that'll be helpful in piecing together the mystery!

(7) "Took possession of the title" is a meaningless phrase. What really happened, and when?

(8) Since a deed is a one-use document, like a punched train ticket or airline ticket for last year, it is unimportant waste paper after being delivered and recorded. Stealing it is largely ineffective to do anything (although I don't recommend burning, throwing away or allowing the theft of original deeds, they are not required, for example, to prove ownership, insure title, or sell property - the buyer and escrow holder and title insurere will look at recorded deeds and never ask to see the original, as far as I know).

Re: joint tenancy to tenancy in common

Whoever is on title is the owner[s]. Anyone on title would have to sign a new deed to take themselves off, it can't be 'done to you'. Consult with counsel to discuss the actual facts and documents in order to get an informed opinion of what your rights and remedies are. You're using several contradictory terms that have to be resolved to know what happened. Feel free to contact me if serious about doing so.

Re: joint tenancy to tenancy in common

Mr. Nelson is correct that you seem confused and need to see someone to get the facts straight and the law clarified. We do not know if both your parents bought the house, how they took title, what title your father gave the house to you [you can not get his half if he gave you and your mother a share], if you have a true copy of the deed of trust and whether it was filed, etc.