California Partition and Eminent Domain Law Blog
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.
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.
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 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.) 