The right of survivorship determines whether property skips probate—or sparks a legal dispute. In California, this powerful legal principle allows a surviving co-owner to automatically inherit the deceased owner’s share of real estate—but only if title is held in a very specific way. When survivorship rights are not clearly stated in the deed, the property … Read More
Within the law of California real estate co-ownership, among the most common myths in joint tenancy is that an oral agreement can establish prevent the joint tenancy from being severed. California law is clear: it cannot. The same is true for the creation of a joint tenancy. This issue is critical as many joint tenants … Read More
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 … Read More
Joint tenancy is a common form of property ownership in California that includes the right of survivorship, meaning when one joint tenant dies, their interest automatically passes to the surviving joint tenant(s). However, what happens if one joint tenant decides to transfer their interest during their lifetime? This is a critical question that often arises … Read More
When multiple people own a property, they typically hold title as either joint tenants or tenants in common. While both forms of co-ownership allow multiple parties to have an interest in the same real estate, their legal rights and what happens when an owner passes away differ significantly. Understanding these differences is crucial, especially when … Read More
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
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
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