Property Ownership
Under California law, how can a joint tenancy be severed by one co-owner without the consent of the other joint tenants?
ABy recording a declaration of severance or conveying their interest to a third party✓ Correct
BOnly by filing a partition action in court
COnly with written consent of all joint tenants
DBy simply moving out of the property
Explanation
In California, a joint tenant can unilaterally sever the joint tenancy by conveying their interest to a third party or even to themselves via a recorded deed, or by recording a written declaration of severance. No consent from other joint tenants is required, and the severed interest becomes a tenancy in common.
Related California Property Ownership Questions
- A California homeowner has lived in their primary residence for 2 of the past 5 years and is selling it. What is the maximum federal capital gains exclusion available to a single filer?
- Which of the following is NOT one of the four unities required to create a joint tenancy?
- When a property is held in trust, who holds legal title?
- Under the doctrine of accretion, a landowner gains additional land when:
- A property owner grants a neighbor the right to cross their land to access a public road. This arrangement is best described as:
- Which doctrine holds that a landowner adjacent to a watercourse has the right to use water from that watercourse based on their land's proximity?
- How is an easement by prescription acquired in California?
- Which form of co-ownership in California requires all owners to hold equal, undivided interests and automatically passes a deceased owner's share to the surviving owners?
Practice More California Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free California Quiz →