In California, joint tenancy is a common way for parents and children to co-own property, often with the understanding that the property will automatically transfer to the surviving joint tenant, presumably the child, upon the death of the other, presumably the parent. However, joint tenancies can be severed, and this can cause significant issues when family relationships break down.
What Is Joint Tenancy?
Joint tenancy is a type of co-ownership where two or more people share equal ownership of a property. One of the defining characteristics of joint tenancy is the “right of survivorship,” which means that when one joint tenant dies, their interest automatically passes to the surviving joint tenant(s) without the need for probate.
Why Parents Sever Joint Tenancy
It’s not uncommon for parents and children to enter into a joint tenancy with the understanding that the child will receive the property when the parent passes away. However, circumstances can change. If there is a falling out between the parent and the child, or if the parent decides to alter their estate planning strategy, they may sever the joint tenancy to revoke the right of survivorship.
This severance typically allows the parent to retain their share of the property and, instead of it automatically going to the child, they can leave it to another heir, such as a sibling of the child or another party altogether. This decision can be seen as akin to disinheriting the child, but unlike a will or trust that is only known after the parent passes, the severance of joint tenancy becomes an immediate public record.
What Happens After a Severance of Joint Tenancy?
Once the joint tenancy is severed, the co-owners no longer hold equal undivided interests with a right of survivorship. Instead, they become tenants in common, which means each party owns a specific percentage of the property and can pass their interest through their will or trust.
If the parent severs the joint tenancy, the child is often left in an uncertain position, especially if they expected to inherit the entire property. This is when disputes arise, particularly if the parent intends to leave their share of the property to someone else.
Partition Actions After Severance
When a parent severs the joint tenancy, the child may decide to pursue a partition action, which is a legal process to force the sale of the property and divide the proceeds. Partition actions are common in cases where co-owners cannot agree on how to handle the property. If you are a co-owner who finds yourself in this situation, filing for a partition action may be your best option to resolve the dispute and move forward.
Can You Stop a Severance of Joint Tenancy?
If you’re a joint tenant with your parent and worried about the severance of the joint tenancy, it’s important to understand that a parent can generally sever the joint tenancy unilaterally without your consent. Once the joint tenancy is severed, you are left with few options other than to negotiate a solution or pursue a partition action.
How We Can Help
At Talkov Law, we specialize in partition actions and resolving co-ownership disputes, including those involving severed joint tenancies. If you find yourself in a dispute over property ownership after a joint tenancy is severed, we can help guide you through the partition process to protect your interests.
Our experienced partition attorneys can provide the legal advice and representation you need to resolve these complex disputes. Reach out to us today for a free consultation online or by phone at (844) 4-TALKOV (825568)
