Articles Tagged with Family Law

Underwood-Blog-Images-3-1-300x300The 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?

Underwood-Blog-Images-3-300x300Joint 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. 

Underwood-Blog-Images-1-300x300In 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 title as spouses, or in a partnership, is relatively straight-forward, questions frequently arise as to the differences between “co-tenants” and “tenants-in-common.” This article will explore the difference between the second types of ways of holding title 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 difficult than creating a tenancy-in-common. First, a joint tenancy exists only when the “four unities” are concurrently present in the estate: 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 transfer to be a joint tenancy.” (CCP § 683.) 

Justice scale placed on top of a Family Law book Yes, a third party who has an interest in the property at 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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