A California couple holds their home as joint tenants. They want their adult daughter to hold title with them as a joint tenant. Under California law, what must they do?
Correct Answer
A) Execute and record a new deed conveying the property to the two of them and the daughter as joint tenants
Civil Code Section 683 requires a joint tenancy to be created by a single written transfer that expressly declares the interest to be a joint tenancy, so that all of the owners take title at the same time, by the same instrument, in equal shares, with equal rights of possession. An existing joint tenancy cannot be amended to admit a new owner, and a conveyance of an undivided interest without joint tenancy language produces a tenancy in common with no right of survivorship. Section 683 expressly permits owners to deed the property from themselves to themselves and another person as joint tenants, so no intermediate straw man is needed. Recording the new deed gives constructive notice and protects the parties against later claims.
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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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