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Joint Tenancy Form

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Quitclaim Deed / Notice of Severance

Recording Requested By:

When Recorded Mail To:

Name:

Mailing Address:

City:

State:

Zip Code:

 

Space Above This Line Reserved for Recorders Use

Assessor’s Property Tax Parcel/Account Number:

QUITCLAIM DEED

(Severance of Joint Tenancy)

KNOW ALL MEN BY THESE PRESENTS THAT:

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, , an individual, married unmarried, hereinafter referred to as “Grantor”, does hereby remise, release, and forever quitclaim unto , married unmarried, hereinafter “Grantee”, the following lands and property, together with all improvements located thereon, lying in the County of , State of California, to-wit:

Describe Property of State "SEE DESCRIPTION ATTACHED"

Prior instrument reference: Book , Page , Document No. , of the Recorder of County, California.

The property herein conveyed is not a part of the homestead of Grantor, or is part of the homestead of Grantor and if Grantor is married, the conveyance is joined by both Husband and Wife.

WITNESS Grantor(s) hand(s) this the day of , 20 .

Grantor

{Type Name}

State of California

County of

On before me, (here insert name and title of the officer), personally appeared

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

(Seal)

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE

Recording Requested By:

When Recorded Mail To:

Name:

Mailing Address:

City:

State:

Zip Code:

Space Above This Line Reserved for Recorders Use

Assessor’s Property Tax Parcel/Account Number:

NOTICE OF SEVERANCE

(California Civil Code Section 683.2)

KNOW ALL MEN BY THESE PRESENTS THAT:

I (state name of severing joint tenant) have caused the severance of the joint tenancy between and myself by executing a Conveyance to myself registered in the General Register of Deeds as Book No. (copy enclosed). The land in question is more particularly described as Insert legal Description:

Prior instrument reference: Book , Page , Document No. , of the Recorder of County, California.

The effect of registration of this Conveyance and the filing of this Notice of Severance is that the joint tenancy between us will be severed and we will then own the land as a tenants in common.

WITNESS my hand this the day of , 20 .

Grantor

{Type Name}

State of California

County of

On before me, (here insert name and title of the officer), personally appeared

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

(Seal)

Civil Code

683.2. (a) Subject to the limitations and requirements of this section, in addition to any other means by which a joint tenancy may be severed, a joint tenant may sever a joint tenancy in real property as to the joint tenant's interest without the joinder or consent of the other joint tenants by any of the following means:

(1) Execution and delivery of a deed that conveys legal title to the joint tenant's interest to a third person, whether or not pursuant to an agreement that requires the third person to reconvey legal title to the joint tenant.

(2) Execution of a written instrument that evidences the intent to sever the joint tenancy, including a deed that names the joint tenant as transferee, or of a written declaration that, as to the interest of the joint tenant, the joint tenancy is severed.

(b) Nothing in this section authorizes severance of a joint tenancy contrary to a written agreement of the joint tenants, but a severance contrary to a written agreement does not defeat the rights of a purchaser or encumbrancer for value in good faith and without knowledge of the written agreement.

(c) Severance of a joint tenancy of record by deed, written declaration, or other written instrument pursuant to subdivision (a) is not effective to terminate the right of survivorship of the other joint tenants as to the severing joint tenant's interest unless one of the following requirements is satisfied:

(1) Before the death of the severing joint tenant, the deed, written declaration, or other written instrument effecting the severance is recorded in the county where the real property is located.

(2) The deed, written declaration, or other written instrument effecting the severance is executed and acknowledged before a notary public by the severing joint tenant not earlier than three days before the death of that joint tenant and is recorded in the county where the real property is located not later than seven days after the death of the severing joint tenant.

(d) Nothing in subdivision (c) limits the manner or effect of:

(1) A written instrument executed by all the joint tenants that severs the joint tenancy.

(2) A severance made by or pursuant to a written agreement of all the joint tenants.

(3) A deed from a joint tenant to another joint tenant.

(e) Subdivisions (a) and (b) apply to all joint tenancies in real property, whether the joint tenancy was created before, on, or after January 1, 1985, except that in the case of the death of a joint tenant before January 1, 1985, the validity of a severance under subdivisions (a) and (b) is determined by the law in effect at the time of death. Subdivisions (c) and (d) do not apply to or affect a severance made before January 1, 1986, of a joint tenancy.

Enter text✕

What a Joint Tenancy Form Is and when it’s used

A Joint Tenancy Form records co-ownership of real property where two or more parties hold title with right of survivorship. It identifies each owner, provides the legal property description, states ownership type, and documents intent to create survivorship rather than tenancy in common. Many transfers require an executed deed referencing joint tenancy plus applicable notarization or witness language. The form is used in residential transfers, estate planning, and title updates to ensure that survivorship rights pass directly to surviving owners without independent probate proceedings.

Why documenting joint tenancy matters

A clear Joint Tenancy Form establishes survivorship, reduces probate exposure, and simplifies title transfer. Properly completed forms support title insurance, reduce post-death disputes, and — when electronic processes are used — rely on ESIGN (15 U.S.C. ch. 96) and UETA protections where applicable.

Why documenting joint tenancy matters

Who typically prepares and signs this form

Common users who prepare, review, or sign a Joint Tenancy Form include property owners, title professionals, and counsel.

  • Individual co-owners: homeowners placing title into joint names to establish survivorship rights.
  • Real estate attorneys: draft deeds, confirm legal language, and advise on state recording rules.
  • Title and escrow agents: prepare documents, verify signatures, and submit deeds for recording.

Different participants focus on execution, title clearance, and recording to ensure the deed meets local requirements and preserves survivorship.

Step-by-step: completing and recording a Joint Tenancy Form

Follow these sequential steps to prepare, execute, notarize, and record a Joint Tenancy Form correctly with reduced rejection risk.

  • 01
    Prepare: Obtain title report and legal property description.
  • 02
    Complete: Fill names, ownership type, and effective date.
  • 03
    Sign: Have all owners sign and date before a notary.
  • 04
    Record: Submit to county recorder with required fees.

Document flow from completion to recording

A Joint Tenancy Form follows a predictable flow: prepare, place signature fields, authenticate signers, and deliver to the recorder or authorized filing service.

  • Upload: Add completed PDF or Word document to the signing platform.
  • Place Fields: Insert signature, initials, and date fields as required.
  • Authenticate: Use signer authentication per jurisdiction or lender requirements.
  • Deliver: Send to county recorder or authorized filing service.

Typical online workflow settings for e-signing and recording

Common online workflow settings for preparing and e-signing a Joint Tenancy Form are listed below.

Field Configuration
Signature Type Drawn or typed allowed
Authentication Email link; SMS code optional
Notary Option Enable RON or local notary workflow
Record Export PDF/A with audit trail included

Technical and compliance checklist for e-submission

Before sending a Joint Tenancy Form for e-signature, confirm the platform supports state recording formats, notarization options, and secure audit trails.

  • File Formats: PDF, DOCX, and fillable forms supported
  • Integrations: Connectors for title systems and cloud storage
  • Authentication: Email, SMS, KBA, or advanced options

Timing and deadline considerations

Key timing considerations and common deadlines for preparing, signing, and recording a Joint Tenancy Form are listed below.

Signing timeframe:

Signers should complete execution concurrently to avoid later disputes.

Notary timing:

Notarize at time of signing; remote notarization depends on state rules.

Recording period:

Record promptly; delays can affect lien priority and title insurance.

County requirements:

County recorder may require specific forms or index details.

Tax implications:

Consult tax advisor for transfer tax or reassessment deadlines.

Milestones from drafting to recorded deed

Typical milestones from drafting to final recording form a sequential process with key handoffs and verification steps to ensure acceptance by the county recorder.

01

Draft prepared

Obtain legal description, owner names, and desired ownership language.

02

Execution and notarization

All owners sign before notary; include witnesses if state requires.

03

Title review

Title company confirms liens and prepares recording package.

04

Recorder filing

Submit deed, pay fees, and obtain recorded instrument number.

Common pitfalls that cause recording delays

  • Using informal or incomplete property descriptions (street addresses only) that recording offices reject; always use the legal description from the current deed or title report.
  • Failing to specify 'with right of survivorship' clearly, which can unintentionally create tenants in common and negate survivorship benefits.
  • Mismatched owner names or missing suffixes that cause title companies to require corrective affidavits or curative documents before recording.
  • Skipping notarization or using improper electronic notarization methods where RON is not authorized, resulting in rejection by the county recorder.

Immediate risks if the form is incorrect

Recording Rejection: Deed may be returned unrecorded.
Title Insurance Delay: Title insurance issues or delays.
Probate Exposure: Asset may enter probate.
Tax Assessment: Transfer may trigger reassessment.
Legal Challenge: Ownership disputes and litigation.
Penalties: Possible fines for tax noncompliance.

Security and compliance considerations for electronic handling

In Transit: TLS 1.2/1.3 encryption
At Rest: AES-256 encryption
Legal Compliance: ESIGN and UETA compliant
Audit Trail: Comprehensive timestamped logs
Certifications: SOC 2 Type II, ISO 27001
HIPAA: BAA available for covered entities

Practical examples of Joint Tenancy use in real transactions

The examples below illustrate common workflows and outcomes when a Joint Tenancy Form is prepared and recorded correctly.

Residential Transfer

A married couple updated a deed to joint tenancy to ensure automatic survivorship without probate in their local county recorder's office.

  • Form signed, notarized, and recorded the same week.
  • Because the deed used explicit survivorship language and accurate legal descriptions, the title company issued clear title and the recorder accepted the document without curative requests, avoiding additional delays and costs.

Estate Planning

An estate attorney converted an investment property's title to joint tenancy for clients seeking a streamlined transfer upon an owner’s death.

  • Notary and witness rules were confirmed before execution.
  • Early coordination with the county recorder and inclusion of a self-proving affidavit prevented probate testimony and reduced administrative burden for surviving owners when the transfer occurred.

Comparing basic eSignature pricing and capabilities for filing deeds

This table summarizes starting price and key capabilities for common eSignature providers used with deed and title workflows; signNow is listed first per vendor conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 env/user/yr Varies Varies Varies

Frequently asked questions about completing and recording a Joint Tenancy Form

Practical answers to common execution, notarization, and recording questions for Joint Tenancy Forms follow.


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