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.
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.
Both joint tenants and tenants in common share ownership of the same property, but their rights differ sharply, especially when an owner dies.
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Practical guides from attorneys who focus exclusively on California partition actions.
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