Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2015

Property Tax Annotations

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Annotation 220.0311

220.0311 Joint Tenancy. Under Civil Code section 683.2(a)(1), a joint tenancy may be severed by execution and delivery of a deed that conveys legal title to the joint tenant's interest to a third person. The transfer of a joint tenancy interest into trust does not sever the pre-existing joint tenancy unless the trust is for the benefit of a third person who is not one of the existing joint tenants, because this would be contrary to the joint tenants' survivorship rights. C 12/26/2007.

Note: A transfer to a trust may preserve a pre-existing joint tenancy if the transfer occurred between November 13, 2003 and September 30, 2013. However, effective October 1, 2013, the provision that allowed a trust to maintain the joint tenancy was removed from Property Tax Rule 462.040.