Legal Question in Real Estate Law in California

Re: Joint Tenancy Deed

One would have to read the granting instrument(s) to be certain, but ordinarily a sale of land with reservation of the mineral rights leaves the grantor with the 'mineral estate' under the entire parcel. The holder of the mineral rights has certain limited rights to use the surface, as well, but generally only what amounts to an easement of very limited scope for access to the minerals if and when they are developed. See Civil Code section 848 and 883.110 through 883.270.

Well, that's sort of an answer to your first question. The second question is even more difficult to answer without seeing the deed; it could be any of three ways:

(1) There are two joint tenants: the husband and the wife.

(2) There are two joint tenants: the third party and the marital community of husband and wife.

(3) There are three joint tenants: the third party, the husband, and the wife.

Possibilities (2) and (3) are less likely; there was an old principle of joint tenancy requiring ALL joint tenants to acquire their title at the same instant in time. If the third party held title prior to the deed in question, a joint tenancy including him couldn't be created without some additional back-and-forth transfers. The modern California Civil Code (section 683) does away with that requirement provided the deed is very clear that the parties intend a joint tenancy, but three-party and later-added-co-owner joint tenancies are still relatively uncommon.

I hope this is helpful, but if in doubt have a real-estate lawyer read and interpret the deed.