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California Civil Code § 683

What is the Difference Between Joint Tenancy and Tenancy in Common?

Knowing the different types of co-ownership is key to understanding property co-ownership. In California, unmarried co-owners frequently hold title in one of two main forms: tenancy in common or joint tenancy. The difference between these two can greatly affect how property is inherited, managed, and divided in the case of a partition action. Tenancy in … Read More

Joint Tenancy in California

Joint Tenancy with Right of Survivorship A joint tenancy is a type of co-ownership in California wherein all parties own equal shares of a property. A property owned by joint tenants is “owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in … Read More

Milian v. De Leon true joint tenancy in partition actions

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

True Joint Tenancy under Milian v. De Leon (1986) 181 Cal.App. 3d 1185, 1195 Milian v. De Leon is one of the most fascinating cases in California partition actions in that it found that, “once the court in a partition action has determined that a true joint tenancy exists, it may not order reimbursement or contribution … Read More

Civil Code 682 – Severing a Joint Tenancy in California

This article seeks to explain the meaning of a joint tenancy as compared to other forms of co-tenancy, explains the meaning and importance of the severance of a joint tenancy, and explains the means by which a joint tenancy in real estate may be severed. Before or after the severance, jointly owned property can be … Read More

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