Posted on: 02nd Mar, 2009 09:03 pm
Three months before my fathers passing, he and I filled out a grant
deed. As of now, there is some questions as to if it is being filed as a Joint Deed or a tenancy in common. On the preliminary change of ownership report box J was checked as being between a parent and child... Will this make the deed a joint deed???
deed. As of now, there is some questions as to if it is being filed as a Joint Deed or a tenancy in common. On the preliminary change of ownership report box J was checked as being between a parent and child... Will this make the deed a joint deed???
Hi Home in San Diego,
As far as I know the 'J' box in the preliminary change of ownership report merely suggests whether the transfer took place from the parents to the children and vice versa. It does not indicate if it's a joint tenancy or tenancy in common. If it's a joint tenancy form of ownership, it should be written on the original deed as "joint tenancy with right to survivorship". If no such thing is written it's probably a tenancy in common. However, If you want to clear your doubts regarding this, you can consult a lawyer and get the deed reviewed by him.
As far as I know the 'J' box in the preliminary change of ownership report merely suggests whether the transfer took place from the parents to the children and vice versa. It does not indicate if it's a joint tenancy or tenancy in common. If it's a joint tenancy form of ownership, it should be written on the original deed as "joint tenancy with right to survivorship". If no such thing is written it's probably a tenancy in common. However, If you want to clear your doubts regarding this, you can consult a lawyer and get the deed reviewed by him.