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  1. #1
    Join Date
    Aug 2008
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    27

    Default Joint Tenants in Common

    My question involves real estate located in the State of: California

    Can a joint tenancy once severed be later reinstated?
    A property was owned by three family members as joint tenants in common.
    At some point one of the owners gifted via quitclaim his interest to the other two.
    All parties would like to return the gift and revive the joint tenancy they once had.
    Is that possible?

  2. #2
    Join Date
    Nov 2013
    Posts
    6,887

    Default Re: Joint Tenants in Common

    Sure it's possible if all three agree. Just file a new deed. It's a good idea to have an attorney draft the deed and get it filed.

  3. #3
    Join Date
    Jul 2018
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    2,336

    Default Re: Joint Tenants in Common

    Quote Quoting stinut
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    A property was owned by three family members as joint tenants in common.
    That makes no sense. There are "joint tenants" and "tenants in common," but there's no such thing as "joint tenants in common."


    Quote Quoting stinut
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    All parties would like to return the gift and revive the joint tenancy they once had.
    Is that possible?
    As a general matter, it is possible for the owner(s) of a piece of real property to sell, gift or otherwise transfer their interest in the property to whomever they want. That this is such an obvious proposition makes me wonder if there's more to this situation and question than is apparent from your post.

  4. #4
    Join Date
    Nov 2013
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    6,887

    Default Re: Joint Tenants in Common

    Quote Quoting pg1067
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    That makes no sense. There are "joint tenants" and "tenants in common," but there's no such thing as "joint tenants in common."
    Joint tenants in common each own the entire property whereas joint tenants may own different shares of the property.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,667

    Default Re: Joint Tenants in Common

    Quote Quoting budwad
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    Joint tenants in common each own the entire property whereas joint tenants may own different shares of the property.
    Nope. A joint tenancy with survivorship in California is undivided interest. You can't have differing shares.
    JITC in California is just another way of saying tenancy in common. It doesn't have survivorship rights.

  6. #6
    Join Date
    Oct 2014
    Posts
    7,920

    Default Re: Joint Tenants in Common

    Quote Quoting stinut
    View Post
    My question involves real estate located in the State of: California

    Can a joint tenancy once severed be later reinstated?
    A property was owned by three family members as joint tenants in common.
    At some point one of the owners gifted via quitclaim his interest to the other two.
    All parties would like to return the gift and revive the joint tenancy they once had.
    Is that possible?
    Sure, it can be done. I'd suggest the 3 of you see a real estate lawyer to ensure that it is done properly. If you screw it up you may not get the result you want. And the two making the gift back to the third person may have to file federal gift tax returns (though very likely no actual federal gift tax would have to be paid).

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