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  1. #1
    Join Date
    Sep 2015
    Posts
    2

    Default Conversion of a Joint Tenancy to a Tenancy in Common

    My question involves real estate located in the State of: CA
    My question is me and 2 other relatives are in joint tenancy, i offered to buy them out, they refuse, and they offered to go do a conversion of a "joint tenancy to a tenancy in common" and i declined. I believe they are going to proceed with converting their part (joint tenancy) to a common tenancy by themselves and I will stay at joint tenancy, so my question is, what's my rights and where do i stand? Can they do this without my signature or consent? Mortgage is under my name only and i have proof of 8 years i have been paying mortgage and taxes only under my name. I have been making all the payments since the house was bought. I feel like they want to convert to joint in common to inherit their portion out to other family members.

  2. #2
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Conversion of a Joint Tenancy to a Tenancy in Common

    Yes, they can do it without your consent.

  3. #3
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Conversion of a Joint Tenancy to a Tenancy in Common

    The can convert the shares they own to shares in common between them bit Im not so sure they can alter the JWROS as it exists with you . you need a CA pro to comment.

    So why are you the only one on note and paying ....

    TIC allows them to direct thier share to the corner barmaid for that matter . JWROS gives it all to last person standing ...

    - - - Updated - - -

    CA Code 678-703 supports they can do it if they get the steps right....but the banks position on the whole thing may come first ....so why are you paying to build their equity.

  4. #4
    Join Date
    Sep 2015
    Posts
    2

    Default Re: Conversion of a Joint Tenancy to a Tenancy in Common

    Quote Quoting HRinDEVON
    View Post
    The can convert the shares they own to shares in common between them bit Im not so sure they can alter the JWROS as it exists with you . you need a CA pro to comment.

    So why are you the only one on note and paying ....

    TIC allows them to direct thier share to the corner barmaid for that matter . JWROS gives it all to last person standing ...

    - - - Updated - - -

    CA Code 678-703 supports they can do it if they get the steps right....but the banks position on the whole thing may come first ....so why are you paying to build their equity.
    long story short, down payment was given by my parents which all 3 of us are in joint tenancy, i got the loan on my name only to live at the property, at that time i couldn't afford the down payment, it was a gift, but now they want to do tenancy in common to possibly have other family members inherit their share of the property.

  5. #5
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Conversion of a Joint Tenancy to a Tenancy in Common

    I can see that point of view.......

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Conversion of a Joint Tenancy to a Tenancy in Common

    Long story short;

    yes they can convert the jtwros to a tic and they can do it without your permission or knowledge. nobody's interest will be held as joint tenants.

    - - - Updated - - -

    Banks will have nothing to say about it since no title will transfer to an outside party. Owners before the change will be the same owners after the change.

  7. #7
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Conversion of a Joint Tenancy to a Tenancy in Common

    Sell now!

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