In Re v. Re, the California Court of Appeal held that a mother and daughter who deeded their two-thirds of a joint tenancy to each other ended the son’s right of survivorship, even though the deeds were not recorded until after the mother died. The son’s partition was granted, but his share was one-third.
A co-owner over 70 can force a partition to trial within 120 days under CCP 36. Here is who qualifies, what the court must find, and how it speeds up a sale.
You transfer your share of a co-owned California property by signing, notarizing and recording a deed, without your co-owner’s consent, but the deed’s wording, taxes and any loan all need attention.
California Civil Code section 683.2 lets a joint tenant end a joint tenancy alone, without the other owner’s consent, by deed or written declaration, but the document must be recorded before the severing owner dies to cut off the right of survivorship.
In Riddle v. Harmon, the California Court of Appeal held that a joint tenant can end a joint tenancy on her own, without her co-owner’s consent and without a “strawman,” by signing a deed from herself to herself as a tenant in common.
Yes, a California co-owner can sell their half of a jointly owned property without the other owner’s consent, but almost no one buys half a house at full value, so the way to cash out your share for what it is actually worth is a co-owner buyout or a partition action.
You can put your share of a co-owned house into a trust, but doing so usually severs a joint tenancy. That often signals the co-owners’ shared plan has broken down.
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.
A common myth is that an oral agreement can prevent a joint tenancy from being severed. California law is clear that it cannot, just as an oral agreement cannot create a 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.
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.
California lets a joint tenant sever the joint tenancy so their share passes to their own heirs instead of the surviving joint tenant. Here is how, with a sample deed.
Severing a joint tenancy changes what happens to your share when you die. Here is what severance means, why it matters, and how a co-owner can do it.
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Practical guides from attorneys who focus exclusively on California partition actions.
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