Legal Question in Real Estate Law in California

Can joint tenants be added to the deed at different times?
I have a house, I added my girlfriend's name to the 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, 3:40 pm

2 Answers from Attorneys

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

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Re: Can joint tenants be added to the deed at different times?

Please see my earlier replies to another version of the same question. The essence of the answer is that it probably doesn't make any difference whether you created a joint tenancy or not; if the deed you gave is held sufficient to convey any kind of estate, you're no better off that it is a tenancy in common instead of a joint tenancy. A gift has been made (probably). A careful review of the deeds and the circumstances may reveal defenses, e.g., deeds are defective, fraud, etc.

Answered on 5/02/08, 5:03 pm

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