I bought a property by myself 4 years ago. Now I want to make a joint tenancy with my brother. Would CA law bar this move?

Asked over 1 year ago - Thousand Oaks, CA

I own a 100% interest in an investment property that I bought 4 yrs ago. I want to make a joint tenancy with my brother. I heard that if we did not acquire our interests at the same time, which we have not, then we cannot form a joint tenancy. Is this true?

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  1. 6

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    Answered . You can deed the property to the both of you and create a joint tenancy, which requires the "unities" of time, title, interest and possession. You don't indicate whether you are selling or gifting the interest. There may be an increase in the secured property taxes if you are selling the interest and the value of the one-half interest being transferred is greater than it was at the time you acquired the property.

    This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are... more
  2. 2

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    Answered . In Texas you can deed all of your interest to both of you as JTWROS. I bet it is the same in California.

    Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature... more

Related Topics


The term property refers to things a person can own or possess. There are two types: real property (real estate) and personal property (everything else).

Andrew Ben Boyer


On behalf of Andrew Boyer PC posted on Tuesday, April 23, 2013 Any divorce has the potential to be a massively complicated affair. Many Illinois couples spend months in court arguing... more

Joint tenancy

In joint tenancy you own property with one or more other people, and each of you has an equal share. If one of you dies, the rest inherit that share equally.

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