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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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My father in law and my deceased wife were on title to a car.

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My father in law and my deceased wife were on title to a car. The title read "his name or her name". He says that this a joint tenancy. Does this indicate a joint tenancy in California on this car?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Normally, to hold title as joint tenants, the deed to the property must include the language “as joint tenants” or “as joint tenants with right of survivorship.” To create a joint tenancy, the joint tenants must have taken title to the property at the same time, they must have the right to possess the whole property, and they must have the same property interest. The key feature of the joint tenancy is the right to survivorship. A married couple can take title as tenants in common, but this must be stated on the deed, as per the American Bar Association's "Guide to Home Ownership." Despite community property laws in California, which deem all property bought during the marriage as automatically joint assets, married couples are still tenants in common if that is the way title was taken on the deed to the property. So the answer is that since that California law assumes the property held in jointly is assumed to be a joint tenancy unless the title states otherwise. The requirements of joint tenancy will have to be met as stated above. Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer (There should be smiley faces or a 1-5 ranking on my answer. I would appreciate a good or excellent rating) as this is the only way that I am compensated for my work.
Expert:  Christopher B, Esq replied 1 year ago.
I see you reviewed my answer, do you have any further questions? If not, please positively rate my answer as it is the only way I will be compensated. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic).
Expert:  Christopher B, Esq replied 1 year ago.
Any chance for a positive rating?

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