But if you own 60% of a house and your partner owns 40%, joint tenancy. 3. The. In Hirt v McKeon, unpublished per curiam of the Court of Appeals issued February 3 rd, 2015 (Docket No. In a joint tenancy, two or more persons, known as the co-owners, own property together. Upon death of one of the spouses, the deceased spouse’s. Tully Follow this and additional works at:. Each joint owner has an undivided right to possess the whole property and a proportionate right of equal ownership interest. For instance, as a property owner, you can choose to own 75% of the property, while your co-owner owns the remaining 25%. Ashley and Braxton, a married couple, purchase a home as joint tenants with right of survivorship for $200,000. R. Deeds of trust are used in place of mortgages and are favored by lenders because no judicial “foreclosure” is required. Tenancy by Entirety 1. Purchasing real estate together is a big step that shows commitment to one another. For simplicity, much of the language relating to beneficiary deeds refers to a single owner. Revise it with your favored offline or online editor, fill it out, sign it, and. R. The key difference is that tenants in common does not include the right of survivorship. How does that impact the person who formerly owned the property alone? When property is titled solely in your name, you alone can sell it or refinance it. Texas law is different. GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY. A joint tenant can indeed sever the right of survivorship WITHOUT the consent of the other joint tenants. Robert Fleming September 18, 2022 Print Article Arizona is one of the minority of states recognizing the concept of community property. If this instrument establishes the real estate as one spouse’s separate property, such as a. In Arizona, the most common type of deed is a Warranty Deed. Create Document. Joint Tenancy: A type of property right where two or more people own or rent a property together, each with equal rights and obligations, until one owner dies. In Arizona, married couples are required to divide property upon divorce. R. 2d 492 (1969). A conveyance of real property that is executed pursuant to a court order. A trust can be a joint tenant under Civil Code section 683(a), which specifies that a joint tenancy may be created by grant or devise to trustees as joint tenants. 12 However, it is possible for a husband and wife to own real or personal property as tenants in common. In either case, 100% would have to be. 001. Sec. [8:119:1873; B § 158; BH. Once you have signed up and purchased your subscription, you may use your Idaho Warranty Deed for Separate or Joint Property to Joint Tenancy as often as you need or for as long as it continues to be valid where you live. If a living joint tenant transfers all or part of his. Each form must be signed by two witnesses. Deeds are provided for individuals, corporations, Limited Liability Companies and husband and wife. In order for a spouse to take sole ownership in Arizona, the deed must show the property to be the owner’s “sole and separate property. Four conditions must be met to create a joint tenancy: 1) The co-owners must acquire the property at the same time; 2) The co-owners must have the same title to the property. The disclaimer deed in that divorce was signed on a home purchased during an Arizona marriage. The primary feature of joint tenancy is the right of survivor-ship, the jus accrescendi. In estate law, joint tenancy is a special form of ownership by two or more persons of the same property. There are definite limits on the effectiveness of joint ownership as a probate-avoidance strategy. L. There are many other types of deeds, such as warranty deed, joint tenancy deed, easement deed, trust deed, etc. property that the spouses have agreed (in writing) is separate, usually through a legally valid prenuptial or postnuptial agreement, and. How does the state characterize property taken by spouses under a deed reflecting that the property is held in joint tenancy? Strong presumption that it is community property. It shares many of the characteristics of community property but adds the benefit of the right of survivorship similar to title held in joint tenancy. The amount of tax depends on your relationship. g. Community or marital property refers to all property acquired by either or both spouses during the marriage in which each spouse has an equal ownership interest in, regardless of who obtained the property, who uses the property, who paid for the property or what name a title is under. Call us at (480) 418-8448. R. tenants. This means that the transfer of property from one party to another was ordered by the court. Generally, a property that is acquired separately remains separate during the marriage. But the idea of separate property isn’t that simple, as it is divided into. a single estate in the unit, not separate interests in the individual. In addition to physical possessions like houses and cars. Another method for severing a joint tenancy is for one of the joint tenants to simply make an offer to purchase the other joint tenant's interest in the property. Pennsylvania is an equitable distribution state. any property one spouse owned alone before the marriage. Son argued that, under the language of Arizona law, his father and Mrs. §33-405) transfer property upon death. General procedure to give away property that is NOT subject to a mortgage or CPF charge. The heirs at law or devisees of the deceased joint tenant take no interest in the property through him, because only the last surviving joint tenant has an estate ofDiscover Pennsylvania Warranty Deed for Separate or Joint Property to Joint Tenancy templates made by professional lawyers and avoid the costly and time-consuming process of looking for an lawyer or attorney and then paying them to draft a document for you that you can easily find on your own. A TOD deed may still make sense if both parties are willing to list the same person on the deed as their beneficiary. This type of deed provides protection to the buyer in the form of a warranty by the seller. Proc. S. A substantially unequal division of real property held in joint tenancy can only be agreed upon by the parties. Citizen: If a spouse gifts half of an interest in real property to their spouse who is not a U. • each tenant holds an undivided interest. Joint tenancy is one form of co-ownership. Simply put, if you are unmarried, everything that you own is separate property, according to Arizona inheritance laws. The state of Arizona is a community property state. Tenancy by the Entirety. Chandler Arizona Warranty Deed for Separate or Joint Property to Joint Tenancy Make the most of our extensive online form library to make sure you always can get up-to-date samples that are prepared for downloading, preparing, and signing. )The property deed and state law determine the legal nature of homeownership. Warranty Deed to Separate Property of one Spouse to both as Joint Tenants: In this type of deed, the separate property of one spouse is transferred to both spouses as joint tenants. (3) The duration of the marriage and the age and physical and mental health of both parties. JTWROS indicates that if there are two or more owners on the asset, and one owner dies, then the surviving owner or owners will continue to own the asset. By the deed’s explicit declaration, no consideration is necessary or expected. The total amount of property a person owns is. At common law such a deed lacks the four-fold unities of. If a married couple acquires title as joint tenants with the right. Type text, add images, blackout confidential details, add comments, highlights and more. Burden of proving separate property interests. In addition, this is what will happen with your separate property: A. 546 (2005). Upon death, the interest passes in accordance with either a will or the laws of intestacy. Much like the accidental misspelling of quitclaim as quick claim, a quitclaim deed document is a fast way to transfer real estate title from one owner to. The male co-owner later obtained a second mortgage for $100,000 in his name alone. 01. You must determine whether you will own the property as joint tenants or tenants-in-common. Tenants in CommonIn order to own property in joint tenancy, the deed or title must have the words “as joint tenants” or in “in joint tenancy,” otherwise. 12 for couples) in 2022. The surviving owners will need to remove the deceased owner's name from the. Thorsteinson executed a deed of gift which transferred farmland into joint tenancy with Mr. This is a form of vesting title to property owned together by spouses or by registered domestic partners. A certified copy of Jan’s death certificate. For example, a house, car, or furniture. As you have learned here already, tenancy in common is an arrangement where two or more people share ownership rights in a property. D. Joint Tenants with Right of Survivorship - JTWROS: Joint tenants with right of survivorship (JTWROS) is a type of brokerage account owned by at least two people, where all tenants have an equal. For instance, a married couple could buy a home together, or two best friends could share a down. Black’s Law Dictionary (8th Ed. L. Tenancy by the entirety is the status quo arrangement in many states and the District of Columbia for married spouses who acquire personal property, such as landed assets. In “joint tenancy,” each owner has an equal and undivided interest in the property. Current as of March 08, 2022 | Updated by FindLaw Staff. Joint Tenants. Your manner of holding does not have to be 50-50, and tenants-in-common can have unequal shares. ), who outlive you (whether they are grown or not) then half of your separate property probate assets will go to your spouse and the other half to your issue; B. This is a form of vesting title to property owned together by spouses or by registered domestic partners. We offer services for clients throughout Arizona, including Chandler, Gilbert, Sun Lakes, Tempe, Phoenix, Mesa, Scottsdale, and Apache Junction. MARITAL PROPERTY RIGHTS AND LIABILITIES. Siberell, which treated property in joint tenancy as separate property. the recipient spouse keeps the gift as separate property, but the gift’s value is factored in when dividing marital property, or. S. A)Joint tenancies may only be established between spouses. In general, Arizona allows multiple individuals to hold title in one of three ways: tenancy in common, joint tenancy, and community property (§ 33-431). Selected as best answer. With a gift transfer well in excess of the annual exclusion ($13,000 in 2009, or $26,000 if the gift is split with the donor’s spouse), a federal gift tax return. In high-net-worth divorces, the distinction between marital and separate property is rarely black and white. The two parties could be a husband and wife, business partners or any other combination of people who have a reason to. Gather all necessary information: You will need the names and addresses of all joint tenants, as well as a legal description of the property. 75 A. The rules for when a transfer of property in joint names is a gift are complicated. The title company will help construct a deed stating the owners are reverting “interest in the. It is only available in nine states currently: Arizona, California, Idaho, Louisiana,Nevada, New Mexico, Texas, Washington, and Wisconsin. Olson with a right of survivorship. The most controversial feature of a joint tenancy is not the relationship among joint tenants while both or all are living, but theWhen recorded, a special warranty deed conveys an interest in real property to the named grantee with limited warranties of title. The other children are. A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the. The Long Answer. 92 million per individual as of 2023. Joint tenancy, a transfer on death deed, and tenancy by the entirety are ownership designations that. A joint tenant may sever a joint tenancy by conveying the property to himself or herself as a tenant in common without the need for an intermediary strawman. Perhaps the most significant disadvantage of joint tenancy relates to creditors. Additionally, joint tenancy guarantees equal rights and ownership for all parties. The Court of Appeals agreed with the general proposition that placing the property in joint tenancy constitutes a gift to the community, but noted that jointly held property was subject to equitable, not equal, division. In effect, you’ll be adding your spouse to the deed. Convey Real Property Using Deeds • See A. Armer, 463 P. Joint tenancy is a legal term that describes a piece of real estate that is owned by two or more people who are on the same deed simultaneously. In other cases, however, the judge may decide to award one spouse a greater percentage of the marital. The building would have to be sold upon Bob's death. In general, Arizona allows multiple individuals to hold title in one of three ways: tenancy in common, joint tenancy, and community property (§ 33-431). The last surviving joint tenant acquires full title to the property. This means that the deed will not protect the grantee against title issues that arose prior to the time the grantor acquired title. Joint tenant situations also create potential problems involving the use of a beneficiary deed. R. A husband’s after-the-fact testimony that he never intended a gift is insufficient and not clear and convincing evidence. The property can be. NRS 123. For example, four joint tenants of the same property each own one-fourth of the property. ’If you are using our website the first time, follow the tips listed below to get your Michigan Warranty Deed for Separate or Joint Property to Joint Tenancy fast: Make certain that the document you find is valid in your state. . Stat. A deed conveys the ownership of property from a seller (“grantor”) to a buyer (“grantee”). §33-431) are deeds whose language expresses that the grantees' The interests that joint tenants hold during their lives are equal and concurrent. , ownership by two or more persons at the same time. Enter into a Deed of Gift with the person you wish to give the property to. For example, if Veronica’s father leaves her $25,000 in his will, that $25,000 is Veronica’s separate property, even if she acquired it during her marriage to Phil. 11 Upon the death of one joint tenant, the entire estate remains to the others. A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and. There are three major forms of joint property ownership (or "concurrent ownership"): tenancy in common. With respect to a deceased joint tenant, the termination or extinguishment by death of that tenant's joint tenancy with right of survivorship may be evidenced by the recordation of both of the following items in the office of the recorder of the county or counties where the real property is located: 1. M. If a condition applies to one owner but not to the other, there is no unity of title; 3) Each owner must have an. It determined that the trial court acted well within its discretion. The. ” (See Brown v. Grant Deed. entire property is includable in that owner's gross estate. Joint Tenancy. When using a warranty deed, the seller guarantees that the property has no liens against it and the seller holds full ownership, giving them the legal right to transfer it. Transferring the property may incur transfer taxes, which must be paid at the recording. This is a form of vesting title to property owned together by spouses or by registered domestic partners. The common law system provides that property acquired by one member of a married couple is owned completely and solely by that person. In Phoenix, Arizona, there are two main types of warranty deeds that can be used to transfer separate property in this manner: 1. A joint tenant may transfer their interest unilaterally, and without the knowledge and/or consent of the co-tenant (s). With other tenancy types, such as tenants in common, tenants may own unequal percentages of interest in the property. For joint tenancy property acquired between January 1, 1975 and December 31, 1984. In a joint tenancy arrangement, each owner has a. Your home is equally shared between you, fifty-fifty — no matter how it’s titled. While joint tenancy can apply to personal property, bank and brokerage accounts and. equal shares are divided into the property’s ownership. Quit to Joint Tenancy: This form is used by a Grantor of a parcel of land, when he/she gives and/or sells his/her interest in said property, to the Grantees as Joint Tenants, with the right of survivorship. Click here to go back to previous page. " The main advantage of holding property as joint tenants is that it allows property to pass automatically to the survivor when the other owner dies. January 1, 1985 is not sufficient by itself to transmute community property into separate property. Planning objective when estate less than $11. tenancy by the entirety. The Arizona Court of Appeals in a memorandum decision in the case of Jimenez vs. Berger acknowledges that. In Arizona’s version,. A type of ownership of real or Personal Property by two or more persons in which each owns an undivided interest in the whole. Tenancy in Common: Two or more persons may hold title to real property as tenants in common. Egizii, (Ariz. Inheritance Law in Community Property States. Obtain the proper form: Arizona joint tenancy deed forms can be obtained online or from a real estate attorney. D. If both spouses’ names are on the title, each owns a one. With these. First, the Court of Appeals considered whether the trial court had the authority to find that the husband had gifted a half interest to his wife. The definition of marital property applies to assets earned, purchased or acquired in just about any way other than a unilateral transfer. Wisconsin. Joint tenancy is sometimes called "joint tenancy with right of survivorship. Which one of the following statements regarding different forms of property co-ownership is CORRECT? A) Joint tenancy with right of survivorship (JTWROS), tenancy by the entirety (TBE), and community property (CP) are all forms of co-ownership that can be used by a husband and wife. In estate law, joint tenancy is a special form of ownership by two or more persons of the same property. Gila County Recorder Office 1400 East Ash Globe, AZ 85501 Phone (928) 425-3231 FAX (928) 425-9270 Office Hours: 8:00 a. A spouse who signs a disclaimer deed on property that would otherwise be community property, forfeits their interest in that property in an Arizona divorce. Upon an owner's death, that owner's. In estate law, joint tenancy is a special form of ownership by two or more persons of the same property. Specific state laws will dictate the ins and outs of these concurrent ownership alternatives where you live, but here is an overview of the rights of concurrent property owners. Owners of real property in Wisconsin can hold title in one of three ways: as tenants in common, joint tenants, or, if spouses, as community property (known in Wisconsin as marital property). A spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise. 92 million per individual as of 2023. The advantage of joint tenancy is that upon death of one of the joint tenants, their interest is transferred outside probate to the surviving joint tenant(s). spouse signing a quitclaim deed to the property. The trusts can provide that the property on the death of one owner passes to the other owner, without the need for a probate. The creation of a joint tenancy has important legal consequences. A deed of a partial interest from one spouse to another will create a tenancy in common. This form is a Warranty Deed where separate property or joint property is converted to a joint tenancy holding. Under certain circumstances, separate property “transmutes” into community property. S. As of July 20, 1996, the Arizona legislature effectively abolished the requirement of the “straw deed” and the necessity of joint tenants to all take their interest at the same time. Words in the deed such as “Bill, John and Mary as tenants in common” establish tenancy in common. Baldwin’s son claims, gives married people only two ways to hold property: (1) They can own it together as community property. m. Estate in Severalty – property is owned by one owner. joint tenancy. Edward is disabled and has two adult daughters, Gwen and Stacy. A5. In contrast to a joint tenancy, tenants-in-common own the same property in definite and separate shares. the gift or inheritance is classified as marital property, which can be divided between the spouses. You will also need to include the legal description of your property. Learn why you should terminate them with experienced estate planning attorneys. Johnson to Raymond Johnson and Hazel Johnson (now known as Hazel Tenhet) as joint tenants. 15A-145 And G. If interests are not stated, equal shares are. In a community property state — let’s say California — your ownership rights are automatic for a house acquired during your marriage. The following are community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Tenancy in common: property is owned by two or more owners. Arizona. The parties were going through a divorce in Arizona. If all the marital property is owned as joint tenants, then at the time of the first spouse’s death, nothing needs to happen to transfer property. By the intentional act of conveying a deed or giving the property by will or living trust. They create a tenants in common agreement where Person A owns a 75% share of the property and. Commingling of assets does not happen on purpose. result of commingling community and separate property in arizona; increased value of a business in an arizona divorce; gift of separate property through a. b. Sign it in a few clicks. Thorsteinson commenced an action to set aside the. In Alaska, spouses can enter into a community property arrangement by written agreement. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided right to keep or dispose of the property. e. This new status can be created without the need for a "straw person," which is required with Joint Tenancy deeds with rights of survivorship, and it can be terminated by the recording of an affidavit. How you can complete the Quick claim deed with right of survivorship form on the web: To get started on the blank, utilize the Fill camp; Sign Online button or tick the preview image of the form. Disposition. Order our professionally drafted forms for all your needs, including warranty deeds, quitclaim deeds, special warranty deeds and others. Tenancy by the Entirety. Trusts can be both single and joint. In those cases where a deed or other recorded documents are filed, the deeds and certain other recorded documents must be. Convey Real Property Using Deeds • See A. The Components of a Gift Deed. Upon the death of an owner, the decedent’s interest ends and the survivor owns the property. So if Pat and Terry own property as joint tenants, and Pat signs a deed transferring their interest to themself — the two joint tenants’ interests have different start dates, and the right of survivorship is lost. Instead, the divorce serves to change the joint tenancy title to tenancy in common so the surviving ex-spouse owns half the house, and the deceased spouse's heirs. It is also sometimes used for business purposes. When a joint tenant dies, title to the property is auto-matically conveyed by operation of law to the surviving joint tenant(s). Tempe Arizona Warranty Deed for Separate or Joint Property to Joint Tenancy Obtain a form and reuse it as many times as you need, or use US Legal Forms integrations with. For example: Bruce Buyer, a married man and George Buyer, a single man, as joint tenants. The court may impress a lien on the separate property of either party or the marital property awarded to either party in order to secure the payment of: Any interest or equity the other party has in or to the property. The Brace holding demonstrates that a change in legal title alone cannot alter the community property vs. Surprise Arizona Warranty Deed for Separate or Joint Property to Joint Tenancy A professional template by US Legal Forms will assist you to spend less time and costs, and stress. If the joint tenancy was with your spouse, however, an exception applies: spouses never pay inheritance tax. 419 , 462 P. Although as between themselves joint tenants have separate rights, as against everyone else they are in the position of a single owner. Your effective gift deed must have several traits and components: It is created to make an immediate transfer of the owner’s interest in the property, and an actual delivery of the property. it is clear that a substantial gift would have taken place the moment he made Liz a joint owner on the deed. it can't be implied or created by operation of law. - 5:00 p. If the joint tenants agree on a purchase price, the seller prepares a deed to convey the real property to the other joint owner. If one joint tenant passes away, their ownership share in the property is passed on to the remaining joint tenants. if you have no issue when you die but have surviving parents. Sometimes it is desirable to add someone to the title of a house you own. Under common law, joint tenancy with a right of survivorship requires that the ownership interests are: Held by all of the joint tenants. result of commingling community and separate property in arizona; increased value of a business in an arizona divorce; gift of separate property through a joint tenancy deed in arizona; abandonment of marriage and community property rights in arizona; are profits from a separate business community or separate property; tracing separate property. g. Put into legalese: “A gift is a gratuitous transfer made without consideration. Joint Tenancy Deed Related Forms View North Carolina Instructions For Petition And Order Of Expunction Under G. However, if the spouse’s efforts during. 2. How to fill out Arizona joint tenancy deed: 01. Share your form with others. Deciding on the best way to hold title in California can be complicated on account of the many factors that must be taken into consideration. Perhaps the marital home is actually separate property, as one spouse owned it prior to the marriage. Couples and business partners can take title to each other's bank accounts. 3. the deed must specifically state the parties' intention to create a joint tenancy and the parties must be explicitly identified as joint tenants. If you co-own property with someone else as "tenants in common," you can sell your share of the property independently, and you can also leave just your share to someone at death. 6-2716 and 6-2717. Buyouts. (Don't include the quotes. Tenancy In Common (TIC) With tenancy in common (TIC), two or more persons hold title to real estate jointly, with equal or unequal percentages of ownership. No severance of a joint tenancy pursuant to subdivision one of this section shall terminate the right of survivorship of any non-severing joint tenant or tenants as to the severing tenant's interest unless the deed or written instrument effecting the severance is recorded, prior to the death of the severing tenant, in the county where the real property. Marital property covers money earned and property acquired after the marriage, in Pennsylvania. By the deed’s explicit declaration, no consideration is necessary or expected. The last living owner inherits the entire property. However, there are contrary arguments that can be made, including fraud or mistake, or the fact that the community paid the mortgage and other expenses associated with the home. While alive, Mrs. A transfer of real property on death receives a stepped-up value to current market value, for capital gains purposes, Grier said. Deeds must be submitted to the recorder's office in the county where the property is located (A. Property law in Arizona falls under ARS Title 33 of the Arizona Revised Statutes, and joint tenancy with the right of survivorship is under ARS Title 33-431 of the same Statutes. 02. Adam practices primarily in the areas of business and family-based immigration, trusts and estate planning, and business planning. This means that a married couple, for instance, must fill out and record two separate TOD deeds. Size of Probate Homestead. In dividing property between the parties, there are two options: 1. Gifts, inheritances. Click on the New Document option above, then drag and drop the document to the upload area,. Joint tenancy is a legal term for an arrangement that defines the ownership interests and rights among two or more co-owners of real property. Sporty and studious, caring and loyal, John is a father of two wonderful children (and Cooper the dog). A joint tenancy deed can be established without rights of survivorship and the property share would pass to the designated beneficiaries. 3. Thethe right of survivorship in the surviving joint tenant(s). In order to sever the right of survivorship, a tenant must only record a new deed showing that his or her interest in the title is now held in a Tenancy-in-Common or as Community Property. Separate property A. Upon death, the decedent’s interest passes. A joint tenancy with right of survivorship is a common form of co-ownership in which each owner has a right of survivorship with respect to the other owners. One joint tenant can partition the property by selling his or her joint interest. But everyone receives a lifetime higher estate and gift tax exemption of $12. (2) Any obligation for support arising out of a prior marriage. Depending on the state, there are ways to title a deed for joint ownership. Even when one party contributes the entire subject matter, the rights of each are the same. R. Under a Joint Tenancy the co-owners are effectively the full owners and own equal undivided shares in the property. See morePlacement of Properties into Joint Tenancy by Husband Constituted a Gift of Separate Property Spouse Gifting Property Through Joint Tenancy is Not Entitled. A surviving joint tenant automatically takes a deceased joint tenant's interest. Enter your search criteria below. A. appreciation from the gift property used to acquire joint tenancy property with donor? Rev. Decision. For example, you may have sole ownership of the property, joint tenancy with the right of survivorship,. 37 (Bankr. When multiple people own property in Arizona, they are usually referred to as concurrent estates. Joint living trusts are commonly used to transfer assets between spouses upon one spouse’s death. The quitclaim can grant the home from yourself to both of you. The Coon Creek Property. Arizona law specifies that a trust deed on community property is not valid unless both spouses execute and acknowledge it. Property owned by one spouse before marriage is separate property. Disposition. Such property can be jointly owned by two or more people; meaning, all of the people involved hold title to the property. “The law in this state recognizes that a joint tenancy may be held by two or more persons in personal as well as real property. D. 00 equity that remains, $100,000. Property acquired by either spouse during the course of a marriage is considered marital property. Each joint tenant may occupy the entire property subject only to the rights of the other joint tenants. In order to sever the right of survivorship, a tenant must only record a new deed showing that his or her interest in the title is now held in a Tenancy-in-Common or as Community Property. At the time of Braxton’s death, his half of the property automatically transferred to Ashley. When contributions of community funds or labor are used to benefit a spouse’s sole and separate property the community is entitled to a community lien “reflecting its contribution to. 2. A7. But if a couple divorces and the ex-spouses still own the property as joint tenants, California law revokes the ex-spouse's right to receive the property after the other spouse dies. Streng 13 Community Property. Property can be owned and managed by both owners by use of trusts. A deed is the instrument that transfers ownership of real property from one owner to another. Any real or personal property acquired by either spouse during the marriage becomes community property. Use of word "joint" or "jointly" in provision of deed other than the granting or habendum clause as indicating intent to create a joint tenancy rather than one in common between the grantees, 157 A. Warranty Deeds. PROPERTY RIGHTS AND LIABILITIES. Monahan responds that any defect was cured when Mr.