California Civil Code section 685 defines an interest in common, or tenancy in common: property owned by several persons, not in joint ownership or partnership. Every tenant in common can use the whole property and can partition as of right.
California Civil Code section 682 lists the four ways several people can own property together: joint tenancy, partnership, tenancy in common, and community property. Joint tenants and tenants in common can partition as of right.
California Civil Code section 686 makes co-owners tenants in common by default, unless the property was acquired by a partnership, the deed or will expressly declares a joint tenancy, or it was acquired as community property.
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 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.
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.
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.
Both joint tenants and tenants in common share ownership of the same property, but their rights differ sharply, especially when an owner dies.
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.
Representing co-owners statewide. Find your nearest Talkov Law office.
Practical guides from attorneys who focus exclusively on California partition actions.
The information on this site, including the Talkov Law Blog, is intended for general information purposes only. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date.
