Family Law

Partitions of Spousal Property with Third Parties (Fam. Code § 2021)

Published on: January 4, 2024 | By Underwood Law Firm, P.C.

underwood-partition-spousal-property-third-parties-300x300 Family Code section 2021 provides that a court “may order that a person who claims an interest in the proceeding be joined as a party” to nullity, dissolution, and legal separation proceedings. (Fam.C. § 2021(a).) An interested third party may wish to join a family law proceeding, or an existing party may want to join the interested individual. An existing party may request that the court join the third party if the third party possesses or claims to own property that the court has jurisdiction over in the proceeding. (Cal. Rules of Court 5.24(c)(1).) Additionally, a third party may request to be joined if they have been served a temporary restraining order that affects their ability to use property they possess or claim to own.

When will courts order joinder in Family Law?

When a claimant has a property interest at stake and is requested to be joined, the court has the discretion to decide whether the claimant will be joined as a party. (Schnabel v. Superior Court (1994) 30 Cal.App.4th 758, 762-63.) In other words, the court is allowed to deny a request for joinder even if the individual seeking it has a legitimate interest in the proceeding. This is called a “permissive” joinder. Joinders are mandatory only when the party sought to be joined has or claims physical custody or visitation of a minor child involved in the family law proceeding. (Cal. Rules of Court 5.24(e)(1).)

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What is the difference between a grant deed and a marital deed? (Civil Code § 1092)

Published on: September 30, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-3-1-300x300 The deed to a property is the most important document a property owner has. It describes the title and its associated rights while operating as the conveyance of property itself. But not all deeds are the same, especially when marriage enters the equation.

Marital deeds carry with them their own rules, rights, and duties requiring in-depth knowledge of family law and community property. And while spouses can choose to acquire property through a regular grant deed, more often than not, that isn’t the case. Understanding the differences between the two is of crucial importance for estate planning, and in these situations, having an experienced real estate attorney at your side can make all the difference. The Underwood Law Firm encounters both types of deeds with frequency and has the familiarity and skill to help title holders understand their rights.

What is a deed?

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How do you sever a joint tenancy? (Code of Civil Procedure section 683.2)

Published on: August 10, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-3-300x300 Joint tenancy is a special type of co-ownership recognized in California. It is commonly associated with married couples, ensuring that when one of them dies, their entire interest in the property passes to the other spouse. This is called the right of survivorship, and it is the defining trait of a joint tenancy.

The right of survivorship, however, can be an uncomfortable concept for co-owners, particularly when those owners are not related and are merely business partners. For that reason, co-owners can attempt to sever the joint tenancy to extinguish the right of survivorship.

The Underwood Law Firm, P.C. is familiar with all types of cotenancies, including joint tenancies, and the various means of severing them under the law.

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What is the difference Between Tenants in Common and Joint Tenants? (Code of Civil Procedure section 683)

Published on: July 13, 2022 | By Underwood Law Firm, P.C.

Underwood-Blog-Images-1-300x300 In California, most real estate is held either as marital property, as a tenancy in partnership, as joint tenants, or as tenants-in-common. While holding titles as spouses or in a partnership is relatively straightforward, questions frequently arise as to the differences between “co-tenants” and “tenants-in-common.” This article will explore the difference between the second type of ways of holding titles between unmarried individuals, which is generally known as “co-tenancy.” (Civ. Code § 682.)

How is a joint tenancy created in real estate?

Generally, creating and maintaining a joint tenancy is much more difficult than creating a tenancy in common. First, a joint tenancy exists only when the “four unities” are concurrently present in the estate: the unity of interest, unity of time, unity of title, and unity of possession. (Tenhet, 18 Cal.3d 150, 155.) Second, by statute, a joint tenancy exists “when expressly declared in the will or transferred to be a joint tenancy.” (CCP § 683.)

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Can a third party be joined in a family law proceeding to sell a property?

Published on: May 30, 2022 | By Underwood Law Firm, P.C.

Yes, a third party who has an interest in the property in question may “join” in a family law proceeding. In some specific cases, a third party must “join” the family law proceeding.

California codified a third party’s ability to participate in a family law proceeding to assert their interest in real estate by creating the joinder rules. These rules authorize who is allowed to join a family law proceeding other than the two spouses.

Who can join a family law proceeding?

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