Legal Question in Real Estate Law in California

Re: joint tenancy

First, I recommend that you verify that your property is indeed held in joint tenancy. This is possible, of course, but joint tenancy is not the usual way for married couples to hold their real property.

Joint tenancies are easy to sever, and it sometimes happens unintentionally. You certainly don't have to divorce, and for that matter, divorce alone would NOT sever the joint tenancy - divorce results only in the couple's community property converting into some other form of holding.

The next step would be to decide what form of holding title you would prefer, and why. There are at least three possibilities: (1) community property; (2) community property with right of survivorship; and (3) tenants in common.

#1 may suit you, and it's commonly used. #2 is a new concept recently added to the law by the legislature, and useful for many couples, but resembles joint tenancy in the survivorship aspect and therefore may not meet your needs. #3 might also meet your needs, but if you're uncertain you should discuss your objectives with a lawyer.

The final step would be to execute and record a deed from yourselves as joint tenants to yourselves as ________ (fill in your choice of 1, 2 or 3). You can use either a quitclaim or grant deed form from a stationer; be sure to fill in all the blanks correctly, especially the legal description of the property as shown on your prior deed. Sign before a notary and then take it to the county recorder, being sure that it is understood that this is a change in form of holding title and will not affect assessment or taxes under Prop. 13 and its progeny.