Legal Question in Real Estate Law in California

Re: Joint trust tenants

I assume you mean joint tenants rather than joint trust. If your boyfriend passes away, the property will revert to you. I will provide you free consultation if you fax me a copy of your documentation to 714 363 0229. I handle cases all over California.

Re: Joint trust tenants

The facts and document descriptions you have given are somewhat imprecise and make it impossible to give you a reliable answer to your particular situation. However, I can give you some general pointers.

If two people own real estate as joint tenants, when one joint tenant dies the remaining joint tenant becomes the sole owner, subject of course to any mortgage or other lien that existed on the property. The deceased joint tenant cannot direct his or her interest to go to anyone else by will, so no one else can inherit the deceased's half interest.

Whether the property is held in a true joint tenancy may, however, be an issue. If the deed, as recorded, says 'joint tenants with right of survivorship' it is unquestionably a true joint tenancy. Any other words MIGHT be challenged as not creating a true joint tenancy.

I could not find any California law or case containing the phrase "joint trust tenants" and therefore cannot speculate on what this phrase means in your deed. If there is indeed an express trust involved, it would be necessary to review the terms of that trust.

Since the value of the real estate in question is doubtless relatively high in relation to the cost of hiring a real-estate lawyer to look at the documents and explain your situation, I recommend that you do so. Find someone who practices in the same county where the property is located because that will make accessing courthouse records quicker, easier and more economical for you.