Legal Question in Real Estate Law in California
Question: When a deed is taken as a joint tenancy agreement by A and B with survivor ship so that only A or B solely own property upon the others demise and as part of that joint tenancy agreement, a reliance by C in survivor-ship clause to remain on deed (C is spouse to A) C signs a quit claim deed. The deed is then unilaterally, by B only, significantly altered to a tenancy in common between A and B without A knowledge or agreement. This allows B to offer home (deed) for sale despite objection by A upon knowledge of deed change. Is the quit claim deed still enforceable or is it null and void by breach of that reliance ie: breach of contract because B can now sell home and force A and C married filing joint to pay capital gains on one half or MORE of the net proceeds, while B is exempt.
1 Answer from Attorneys
Ordinarily, either joint tenant may terminate the joint tenancy and thus convert it into a tenancy in common without the permission of the other joint tenant, and also without giving the other any notice of the change. I believe the parties might be able to limit this right by private contract, but it is not clear from the question whether any such contractual agreement existed.
However, please note that a co-owner, whether joint tenant or tenant in common, cannot sell his or her other co-owner's share; he or she may sell only her or his interest -- here, presumably a half interest. This again might be ,modified by a contract between the parties, a valid and unrevoked power of attorney, or the like.
Overall, I think you may have sufficient misunderstandings about how the law applies to co-ownership of real estate that you are reaching an incorrect conclusion -- but I could be wrong! If you'd care to discuss this in greater detail, please feel free to contact me directly.
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