Legal Question in Real Estate Law in California

Technically speaking, you will need to record a deed from you and your mother to you, your mother and your sister. What form of deed to use, and how the title should be properly vested is not an answer that can be rendered in this forum based on the bare facts you provided. You owe it to yourselves to consult with a real estate attorney in your area to determine how best to hold title to accomplish whatever goals you have for the ownership of the property. If you are going to hold property jointly, I also strongly suggest that you have a separate agreement which governs the ownership structure, who is responsbible for paying what, how reimbursements or sale will be handled, and finally, if any of you are married, you need quitclaim deeds from the spouses who will not be on title with you.

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Civil Code section 683(a) describes the method of creation of a joint tenancy. The basic language should read something like "We, Mother and Daughter, hereby grant to Mother, Daughter and Sister, as joint tenants, all that real property situated in Cupertino, County of Santa Clara, California known as 'Blackacre' and more particularly described in Exhibit 'A' attached hereto and made a part hereof. Witness our hands this ___ day of ______, 2011." See Civil Code section 1092.

I also recommend considering the following:

(1) Don't transfer property, or an interest in property, in violation of any loan provision such as a "due on sale" clause limiting the owners' rights to sell;

(2) Consider possible impacts of reassessment of the transferred interest(s) on property taxes;

(3) Consider capital gains taxes on the sellers/transferors. There will be an impact and it may not be what you expect; and

(4) Consider having a written contract between yourselves as to how the three of you will co-own and co-manage all aspects.