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joint tenancy

Deed to Sever Joint Tenancy California Partition Attorney

How to Sever Joint Tenancy in California [Form Template Sample Example]

California law allows joint tenants to sever the joint tenancy so their interest will pass under the laws of probate, meaning their partial interest in real estate will go to their heirs, e.g., their spouse or children. In fact, when a joint tenant in California dies, their interest in California real estate becomes owned by … 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

Unequal Down Payments in Property Co-Ownership Disputes & Partition Actions

Unequal Down Payments and Ownership Interests in Property Co-Ownership Disputes (Partition Actions)

One of the most common issues that arises in California real estate co-ownership disputes and related partition actions is the remedy for a party who pays more than their fractional share of the down payment. For example, perhaps Sally and Joe purchase a home together, with Sally paying $100,000 of the down payment, while Joe … Read More

Civil Code § 683.2(c) - Joint Tenancy Severance After Death is Limited by California Law

Civil Code § 683.2(c) – Joint Tenancy Severance After Death is Limited by California Law

By definition, a joint tenancy is an interest in property in which each party has an equal share in the property. Joint tenants also enjoy the privilege of the right of survivorship, which allows a deceased joint tenant’s interest in a property to automatically pass to the surviving joint tenant(s). If the interest is transferred … Read More

Types of Co-Ownership in California Talkov Law

Types of Co-Ownership in California (Tenants in Common, Joint Tenants, Etc.)

Co-Ownership of Real Property in California “Co-tenancy” is an umbrella term used to describe ownership by several co-owners with undivided interests in the real property. There are four distinct types of co-tenancies (or co-ownerships) recognized by statute in California in which several people can own the same property.[1]California Civil Code 682 Tenancy in Common A … 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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