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Arley-Dee
Jul 20, 2009, 12:07 PM
My wife and I own a home in a California common interest development, held in Joint Tenancy. Only owners can use the common facilities. We conveyed by grant deed a one-tenth of 1% undivided interest in the property to our son and daughter-in-law in order to permit them to use the facilities. Did that conveyance destroy the Joint Tenancy on the remaining interest held by me and my wife?

My son and daughter-in-law later conveyed their one-tenth of 1% undivided interest back to me and my wife by a quitclaim deed. Assuming that the Joint Tenancy was destroyed, will the quitclaim deed restore the Joint Tenancy on the entire property? If not, how do I restore the Joint Tenancy?

Thanks.

Arley-Dee

ScottGem
Jul 20, 2009, 12:57 PM
Joint Tenancy is subject to the wording of the deed. If the deed reads John and Mary Doe, Joint tenants with right of survivorship, then that's all that's necessary.

The joint tenancy could have existed between all four parties.

Fr_Chuck
Jul 20, 2009, 01:22 PM
The new quitclaim deed is now the official and last deed, so the wording on it, will decide the official status.

Assuming you had a real estate attorney do the deed and told them how you wanted it worded.
If not, time to go back to the attorney for review