Articles Posted in tenancies in common

Can One Tenant in Common Convert to a Joint Tenancy?
Underwood Law Firm, P.C.

No, not unless they want to convert their own, singular interest into two or more shares. The reason for this is that grantors in a deed can only convey what they already own. If two tenant in common co-owners want to make themselves joint tenants, then they can collectively convey their interests to themselves in…

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Can a Tenant in Common Force a Sale of Property in California?
Underwood Law Firm, P.C.

Can a Tenant in Common Force a Sale? Yes. Tenants in common (TIC), as co-owners of real property are entitled to try and force a sale of that property by filing a lawsuit called a partition. Like many other aspects of the law, however, this is easier said than done. Many issues can arise during a partition suit,…

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What Happens When an Unmarried Couple Buys a House as a Tenancy-In-Common?
Underwood Law Firm, P.C.

Generally, married couples who buy homes in California are afforded certain rights and protections under California law. These rights and protections do not necessarily apply to unmarried couples who own property as tenants-in-common. Unmarried couples can still take further steps to protect their property rights. Differences Between Married Couples and Tenants-In-Common Married couples in California…

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A Guide to California Joint Tenancy (Milian v. De Leon (1986) 181 Cal.App.3d 1185)
Underwood Law Firm, P.C.

“Joint tenancy” is a phrase that most people associate with the co-ownership of a property. And indeed, this is correct. Joint tenancy is a form of co-ownership in California, second only to tenancies-in-common in terms of popularity. But just because the words “joint tenancy” are used in a deed or other property-related document does not…

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What are the historical origins of joint-tenancies and tenancies-in-common? (Blackstone, Commentaries on the Laws of England)
Underwood Law Firm, P.C.

American law has its roots in the laws of England. As such, many of the laws still on the books in the 21st Century depend on what English judges thought prior to our War for Independence began in 1776. Because our modern laws go back centuries since before the United States was a country, we…

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