Rights and rules about shared property:

Protecting your rights is a serious consideration when entering into a shared property agreement. While joint tenancy and tenancy in common are often confused, there are distinct advantages and disadvantages with each. To make the best informed decision on your own behalf and that of your partner and/or heirs, take the time to know what each agreement entails. To further your understanding before making any kind of commitment, an experienced real estate attorney can clarify what is in your best interest concerning a particular property and the people involved.

Joint tenancy means the property is shared equally.

According to California state law, real estate purchased during a marriage or domestic partnership is a joint tenancy arrangement of community property. Each owner shares equal interest in the property, both are named on the title and both have the same legal rights to the co-owned property.  There are no survivor’s rights in joint tenancy so when a joint tenant dies, their share of the property automatically transfers to the surviving owner or owners.

Tenancy in common is ownership divided into percentages.

Tenancy in common is co-ownership of a property that is not shared equally — co-owners are usually not related. Often used as an estate planning tool, tenants in common can transfer their interest share of tenancy in common at any time, to anyone. This includes transfers through probate — a co-owner with survivor’s rights can legally pass their share of the property to their heirs. Tenants in common are required to share in the expenses, including tax liability and insurance, in proportion to their interest in the property. If there is income earned from the property it will be shared, again, in proportion to their interest in the property.

Know Your Rights. Protect Yourself.

Ready for Aggressive Legal Help?

Talk with an experienced lawyer in an obligation-free telephone consultation. We will personally review your challenging, out-of-the-ordinary case for free whereas other firms charge for a consultation. 

Contact Form

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Mary Catherine Wiederhold

Real Estate Attorney
1458 Sutter Street
San Francisco, CA 94109

Mary Catherine Wiederhold
Rated by Super Lawyersloading ...
Courtney Brown
Rated by Super Lawyersloading ...

Our offices are conveniently accessible to public transportation.

The use of the Internet or this website for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through these media.