Deed And Record Updates

1.   Tenants-in-common

Example: John Doe and Jane Doe as Tenants-in-Common

What it is: Real property owned by two or more persons as tenants-in-common. When one owner dies, his or her interest is distributed according to the instructions in his or her will. Distribution of the deceased tenant-in-common is done through the probate court.  

2.   Joint tenancy with right of survivorship

Example: John Doe and Jane Doe as Joint Tenants with Right of Survivorship

What it is: Real property is owned by two or more persons as joint tenants. California law provides upon the death of a joint tenant owner his or her ownership disappears. The survivor is automatically the sole owner. This title has built in redundancy. Joint tenancy by itself confers the right of survivorship. Stating the right in the title clarifies for the reader the consequences of title. Distribution from the deceased joint tenant to the surviving joint tenant is done by filing with the county recorder’s office an affidavit death of trustee accompanied by a death certificate.

3.   Community property with right of survivorship

Example: John Doe and Jane Doe as Community Property with Right of Survivorship

What it is: Real property owned by a married couple or registered domestic partners. Death of first owner has same consequences as Joint tenancy. Title affirms the real property is owned by a community of married or registered domestic partners.

4.   Community property

Example:  Example, John Doe and Jane Doe as Community Property

What it is: When one spouse or partner dies, his or her interest is distributed according to the instructions in his or her will. This title is similar to ownership as tenants-in-common but in addition affirms the real property is owned by a community of married or registered domestic partners.

5.   Trust

Example: John Doe and Jane Doe as Trustees of the Doe Trust dated October 10, 2010.

What it is: The real property is owned by a trust and is governed by the terms of the trust. Upon the death of a trustee distribution is made pursuant to the terms of the trust. The terms of the trust are not public and do not appear in the title. California does not provide for a default or pre-defined distribution but defers to the terms of the trust. The trust is an independent document outside of the public record.