Orange California Quitclaim Deed for Three Individuals to Two Individuals as Tenants in Common

State:
California
County:
Orange
Control #:
CA-SDEED-8-6
Format:
Word; 
Rich Text
Instant download

Description

This form is a Quitclaim Deed where the grantors are three individuals and the grantees are two individuals holding title as tenants in common.

Keywords: Orange California Quitclaim Deed, Three Individuals, Two Individuals, Tenants in Common Description: An Orange California Quitclaim Deed for Three Individuals to Two Individuals as Tenants in Common is a legal document used to transfer ownership of a property located in Orange, California. This type of deed is specifically designed for situations where three individuals are transferring their interest in a property to only two individuals, who will hold the property as tenants in common. In a quitclaim deed, the sellers, referred to as the granters, are transferring their ownership interest in the property to the buyers, known as the grantees. Unlike a warranty deed, a quitclaim deed does not make any guarantees about the ownership or condition of the property. It simply transfers whatever interest the granters have to the grantees. The use of "Tenants in Common" indicates that the two individuals who will receive the property will hold equal ownership rights and interests as co-tenants. They will have the right to occupy and use the property in its entirety, and each will possess a legally distinct and separate share of the property. In the event of one tenant's death, their share will be passed on to their heirs or beneficiaries, rather than automatically transferring to the surviving tenant. It's important to note that there may be variations or specific types of Orange California Quitclaim Deed for Three Individuals to Two Individuals as Tenants in Common, such as: 1. Enhanced Life Estate Deed: This type of quitclaim deed, also known as a "Lady Bird Deed," allows the granters (three individuals) to retain the right to live on the property for the duration of their lifetimes. Upon their death, the property automatically passes to the two individuals as tenants in common. 2. Joint Tenancy with Rights of Survivorship: In this type of quitclaim deed, the granters transfer the property to the grantees as joint tenants. This means that upon the death of one tenant, their share will be automatically inherited by the surviving tenant(s), rather than passing on to their heirs or beneficiaries. 3. Fractional Interest Deed: This variant of the quitclaim deed allows the three individuals to divide their ownership interests into fractional shares. Each individual's share will be clearly stated in the deed, and they will hold their respective interests as tenants in common. It's advisable to consult with a qualified real estate attorney or legal professional to understand the specific requirements and implications of each type of quitclaim deed before proceeding with any property transfer process.

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FAQ

Cons. All tenants are equally liable for debts and property tax. It only takes one of the people involved to force the sale of the property. You don't automatically get the property rights of a fellow tenant when they die.

Properties owned by more than two people can be owned as 'joint tenants' or 'tenants in common'.

?Right of survivorship? means that a surviving co-owner can take ownership of the deceased co-owner's share of the property. ?Undivided interest? means that each owner has an equal right to use and enjoy the entire property. However, no individual has an exclusive right to any specific part of the property.

Tenancy in common is used when property is held by two or more persons and, upon death, each owner's interest passes to his heirs or devisees. Joint tenancy with right of survivorship is used when property is held by two or more persons and, upon death, each owner's interest automatically passes to the other co-owners.

Owners can transfer their interest to others who will then hold their ownership in tenancy in common with the other owners. Co-ownership with a legal entity would not be a problem. A married couple can also hold ownership individually as tenants in common with each other.

Conveyancing and Property. If you jointly own your property as tenants in common, when you die your share of the property will pass to your estate.

You can own real estate in California with two or more people. Your property deed lists all the different owners' names and how they hold title.

For those who are purchasing a property with someone who is not related to them, or for investment purposes, titling as tenants in common is a good choice. When buying a dwelling with your spouse as a primary residence, joint tenancy usually makes more sense.

Tenants in common are permitted to own varying shares of the property, but all co-owners have an equal right to enjoy the entire property. When a co-owner dies, his or her interest may be transferred through probate or other proceeding as the right of survivorship does not apply to a tenancy in common.

Tenancy in Common (TIC) is a legal arrangement in which two or more parties share ownership rights in a real estate property or parcel of land. Each independent owner may control an equal or different percentage of the total property, whether commercial or residential. The parties are known as tenants in common.

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Orange California Quitclaim Deed for Three Individuals to Two Individuals as Tenants in Common