This form is a Warranty Deed where the grantors is an individual and the grantees are two individuals. Grantor conveys and warrants the described property to grantees less and except all oil, gas and minerals, on and under the property owned by Grantor, if any, which are reserved by Grantor. This deed complies with all state statutory laws.
San Jose California Grant Deed From Individual to Two Individuals as Tenants in Common
Category:
State:
California
City:
San Jose
Control #:
CA-01-78B
Format:
Word;
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How to fill out California Grant Deed From Individual To Two Individuals As Tenants In Common?
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FAQ
When title to a parcel of real estate is held by two or more individuals, those parties are called co-owners or concurrent owners. In some states, if co-owners are married or in a recognized civil union, they may co-own property as tenants by the entirety or community property.
California mainly uses two types of deeds: the ?grant deed? and the ?quitclaim deed.? Most other deeds you will see, such as the common ?interspousal transfer deed,? are versions of grant or quitclaim deeds customized for specific circumstances.
For example, if A and B own a house as joint tenants, both have undivided ownership of the property, and the full right to occupy and use all of it. If A dies, B gets sole ownership of the house, because of the right of survivorship.
You can make this change without the other owners' agreement. A solicitor, conveyancer or legal executive can also make the application for you.
Joint tenancy also differs from tenancy in common because when one joint tenant dies, the other remaining joint tenants inherit the deceased tenant's interest in the property. However, a joint tenancy does allow owners to sell their interests. If one owner sells, the tenancy is converted to a tenancy in common.
Whereas in tenants in common, there's no rules on selling and any owner of shares can sell their share to whoever they choose, and don't need permission from any other parties.
You'll need to transfer an interest by writing up another deed with the person's name on it. In California, you can use either a grant deed, a quitclaim deed or an interspousal deed, depending on your circumstances. Each one has its own requirements and works best in different circumstances.
Tenants in common normally record their shares of the property in a deed of trust. A deed of trust is a legal document which records the shares of the joint owners. For tenants in common, if one owner dies, then that owner's share of the property will not automatically pass to the other owner.
Joint owned property is any property held in the name of two or more parties. These two parties could business partners or another combination of people who have a reason to own property together.
Overview of Joint Tenants For example, joint tenants must all take title simultaneously from the same deed while tenants in common can come into ownership at different times. Another difference is that joint tenants all own equal shares of the property, proportionate to the number of joint tenants involved.