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Machado v. Machado: a woman holds up the joint tenancy deed as a man leans across the farmhouse kitchen table insisting otherwise, with a dairy farm outside the window

Machado v. Machado: One Owner’s Hidden Intent Can’t Undo a Joint Tenancy Deed

In Machado v. Machado, the California Supreme Court held that a joint tenancy deed creates a presumption that can be overcome only by evidence of a common understanding or agreement between the owners, not by one owner’s hidden intentions.

A father and his adult daughter stand outside a California bungalow, each holding up an identical house key

California Civil Code § 683 – How a Joint Tenancy Is Created

California Civil Code section 683 defines a joint tenancy: two or more owners in equal shares, under one deed or will that expressly declares a joint tenancy, with a right of survivorship. Without that declaration, co-owners are tenants in common.

Woman hands a check to a man in front of a sold craftsman bungalow on a Santa Monica street at sunset

Kershman v. Kershman: Unequal Shares Despite a Joint Tenancy Deed

In Kershman v. Kershman, the California Court of Appeal held that co-owners on a joint tenancy deed can own unequal shares if they agreed their shares would follow what each paid, and that a co-owner’s debts come out of his share of the sale proceeds, not his ownership percentage, so he keeps his share of the appreciation.

Woman pointing to both signatures on a signed vesting worksheet as her co-owner stands with arms crossed outside their house

Escrow Vesting Worksheet and How Co-Owners Hold Title

The vesting worksheet signed during escrow is usually why a deed says joint tenants or tenants in common. Co-owners who say they never agreed usually signed it, and the choice affects a California partition action.

A widow holds house keys and a joint tenancy deed beside a memorial photograph of her late husband.

Right of Survivorship in California: How It Affects Co-Ownership and Partition Actions

Right of survivorship lets a surviving co-owner automatically take a deceased co-owner’s share without probate, but only if title is held the right way. When the deed is unclear, disputes follow.

An older parent signs a joint-tenancy severance document while her adult son reacts with concern.

Joint Tenancy with a Parent: What Happens When the Parent Decides to Sever the Joint Tenancy?

Parents and children often hold title as joint tenants so the property passes automatically to the survivor. But a joint tenancy can be severed, which can upend what the child expected.

An outgoing co-owner hands a grant deed and keys to a new owner while the remaining co-owner watches.

What Happens When a Joint Tenant Transfers Their Interest? Understanding Joint Tenancy in California

Joint tenancy includes the right of survivorship. But if one joint tenant transfers their interest during their lifetime, the joint tenancy is severed and survivorship is lost for that share.

Joint tenancy grant deed with matching house keys and a survivorship file.

Joint Tenancy in California

In a joint tenancy, co-owners hold equal shares with a right of survivorship. Here is how joint tenancy is created in California and what happens when it ends.

True Joint Tenancy in California Partition Actions – Milian v. De Leon

Milian v. De Leon (1986) 181 Cal.App.3d 1185 held that once a partition court finds a true joint tenancy, the co-owners generally share equally without reimbursement for unequal contributions.

California Evidence Code 662 Requires Clear and Convincing Evidence of Real Property Ownership Contrary to Record Title — Talkov Law illustration

California Evidence Code § 662 – The Person on the Deed Is Presumed to Own the Property

Under Evidence Code section 662, the person on the deed is presumed to own the property unless clear and convincing evidence shows the owners agreed otherwise.