A California couple holds their home as joint tenants. They want to add their adult daughter to the title. Under California law, what is the effect of adding the daughter?
Correct Answer
A) The existing joint tenancy is severed; a new deed must create a new joint tenancy among all three parties for the four unities to be satisfied
Under California Civil Code §683, a joint tenancy requires the four unities: time, title, interest, and possession. Simply 'adding' a person to an existing joint tenancy would violate the unity of time (the new person acquires at a different time). To include the daughter as a joint tenant, the couple must execute a new deed conveying the property to all three as joint tenants simultaneously, thereby creating a new joint tenancy.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Spot zoning is an illegal or improper rezoning of a small parcel of land that is inconsistent with the surrounding zoning and the comprehensive plan. It benefits an individual owner rather than the community as a whole.
Subdivision regulations are local government rules that control the division of land into smaller parcels for development or sale. They ensure proper infrastructure, lot sizes, and public improvements are provided.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
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