Legal Question in Real Estate Law in California

joint tenents deed of trust

i am sole owner of property. can i complete a joint tenents deed of trust have it notarized but not recorded. will this document pass the property to the joint tenent upon my death?


Asked on 2/23/07, 1:53 pm

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: joint tenents deed of trust

A deed of trust is a security instrument that is recorded to show that a piece of property is owned subject to a loan. A grant deed or quitclaim deed are used to transfer title to real property. If you sign a grant deed or quitclaim deed, and the deed is properly prepared, it becomes effective immediately upon delivery to the grantee. Recordation is only one factor a court would consider in determining whether a deed actually transferred title.

However, before you run to the stationary store, purchase a deed and fill it out, I would strongly urge you to discuss this matter with an attorney. If the deed is not properly completed you could cause yourself and the other person a huge title problem. Moreover, there may be real property tax and income tax ramifications.

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Answered on 2/23/07, 3:11 pm


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