Legal Question in Wills and Trusts in California
Is the joint tenancy in california real property maintained or severed when the joint tenants together transfer their property to a revocable living trust?
California Civil Code 683
If it is claimed to be severed, why does the mere transfer to a trust sever the joint tenancy when no other instrument including leases, life estates, wills, mortgages, sales or any other type not sever the joint tenancy?
2 Answers from Attorneys
The joint tenancy is severed because the joint tenants no longer own the property. It is now owned by the trust. If it is a typical intervivos trust, the transfer is of almost no consequence to the rights of posession, occupancy, etc., but it is a change in the owner of fee title and that severs the joint tenancy. And you are mistaken that a sale would not sever the joint tenancy. A sale and a transfer to the trust are the same, a change in the owner of the fee simple estate. The other things you list do not change ownership of the fee simple estate (although a life estate might depending on how it was structured and granted).
Timothy is spot on- there has been a severance of the "unities" giving rise to the original joint tenancy.