Joint Tenancy Law Question

[Albert1711]

Greetings,

here's the deal in a nutt shell. My step-father and biological mother owned 40 acres of land in California. The Deed/Title to the land says "PARTNERSHIP GRANT DEED". It does not say "Joint Tenancy." Mom died in 1991, and step-dad died January of 06. However, in April of 03, step-dad went to the Title Company and had my mother's name removed from the Deed/Title of the land. My question is? Did the Title Company and my step-dad have the right to do this, since the Deed does not say, or even imply, a Joint Tenancy? Thank you. I can give more info as this discussion progresses.

Also, can I possibly get a pro bono lawyer in the Tehama/Shasta County area?

[Albert1711]

Holy cow was I a fool in believing a lawyer would do something actually for free? Why did they refer me here if they have no intention of helping?

Hello, I have a question. My parents Grant Deed says "PARTNERTSHIP GRANT DEED," and calls them "Husband and Wife. " It does not specify whether it is a Joint Tenancy or Tenancy in Common. But my step-dad had my mom's name removed 14 years after her death, from the Grant Deed. But from what I understand, if they were Joint Tenants, her name would have fallen off automatically. This all occured in California. How do I find out if they were Joint Tenants or Tenants in Common? Based on what I know, the Deed must specify a Joint Tenancy. But it doesn't.

[annjd]

A title company can do a quick check of the records for you, review the deeds, and give an opinion on the status. The cost should be nominal.

[Albert1711]

They claim the Grant Deed was a Joint Tenancy, but it doesn't say that. It only says PARTNERSHIP GRANT DEED. How do I know if my parents were Joint Tenants or not? If they were not, then I have a case against the Title Company because they allowed my step-father to remove my mother from the Grant Deed in 2003. He couldn't do this if they were Tenants in Common -- from what I understand.

[Albert1711]

Anyway, I'm going to their office tomorrow to talk to them.

You may want to have a second independent title company look at it if you feel that they acted beyong their scope of authority.

Your company may not give you all the facts if they feel somewhat threatened by an error etc.

Just my view--i used to work for one of them.

[Albert1711]

Originally Posted by Unregistered

You may want to have a second independent title company look at it if you feel that they acted beyong their scope of authority.

Your company may not give you all the facts if they feel somewhat threatened by an error etc.

Just my view--i used to work for one of them.

Good advice. I took it. I learned today from a Title Company, that if this were a Joint Tenancy, it would have said so after the words "husband and wife." It doesn't. So it is community property. It appears the Title company goofed. I'm going to sue them.

[Albert1711]

I need somekind of legal reference or source showing me that if the term "Joint Tenancy" is not written on a Grant Deed, than they are not Joint Tenants in California. If I can get this, I believe this case will be nailed.

Who or what legal reference says that the term "Joint Tenants" MUST be on the Grant Deed in order for it to be a joint tenancy?

I have found this website to be totally useless. Lawyers don't give free information. They wouldn't do this if their life depended on it.

[lavisa]

why would you say good advice then twice you said this place is useless. YOu got your questions answered didnt you. Where i live we just go to court of queen's bench rules and it talks about joint tenants and tenants in common. it doesnt say if someone can break up a joint tenant but it does say tenants in common you can sell your share and the other side is still tenants in common with the new person. They cant sell both sides. Go hire a lawyer. Your law suit will benefit you if you get damages as well, you can ask for your lawyer fees and court costs be covered by defendants. You only come here if there is a chance someone knows what your talking about and can comment on it. If you want specific actions ask a lawyer you get 5 minits free there too dont you. The long sight is do the right thing, the short site is sit here and ***** no one is helping you. help yourself then. Go to the Law library. GEE theres a thought. have a good day.