Legal Question in Real Estate Law in California

Can joint tenants be added to deed at diff time?
I have a house, I added my girlfriend's name to the deed by grant deed as joint tenants, then we later added her son's name to the deed as joint tenants (with no agreements to anything). In California, do we really have a joint tenancy? If we don't have a joint tenancy then are their names valid on the deed?

The relationship broke down. I paid for the entire house, all paid off when I bought it, now I want to remove them from the deed, can I do this? If they file partition action can I use the fact that I paid the whole thing and remove them from the deed? Am I SOL?

Asked on 5/02/08, 3:45 pm

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

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Re: Can joint tenants be added to deed at diff time?

Yes, probably joint tenancy, though would have to be examined to be sure.

You may have lost 2/3 of the property.

Answered on 5/02/08, 3:58 pm

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Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Can joint tenants be added to deed at diff time?

I think "possibly" joint tenancy is a better word than "probably;" but it is less important in the big picture whether it is a joint tenancy than whether there was a valid gift at all. Further, it is very possible, in my thinking, that the ownerships are now girlfriend 50%, junior 25%, and you 25%. It depends on the wording of the deeds, especially the second one. I agree that 1/3-1/3-1/3 is among the possibilities.

I am mildly surprised that LawGuru creates multiple copies of these questions!

Answered on 5/02/08, 5:15 pm

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