Legal Question in Wills and Trusts in California

grant deed original title is to A&B husband and wife - as joint tenants, 1/2 undivided interest and C&D husband and wife - as joint tenants, 1/2 undivided interest. A,B & C have all deceased, how does D clear the title


Asked on 3/09/18, 10:07 am

2 Answers from Attorneys
Scott Jordan Jordan Law Office

D should record an Affidavit - Death of Joint Tenant for A, B and C. While I believe there is a presumption that joint tenancy includes the right of survivorship, if A&B have heirs, they may claim their 1/2 of the property. D should consult with a local property attorney for a more precise analysis.

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Answered on 3/09/18, 10:20 am
Michele Cusack Pollak & Cusack

While each married couple were joint tenants, "1/2 undivided" implies that the couples each owned 1/2 as tenants in common. Most likely D can only record an affidavit of death of Joint Tenant C. A&B's heirs must clear title to their 1/2 interest- probably via probate.

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Answered on 3/09/18, 10:59 am


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