The fundamental rule of joint tenancy is the right of survivorship, by which the public learns about the current ownership through a recorded affidavit of death of joint tenant. This article explains joint tenancy and what to do when a joint tenant dies.
Contents hideJoint tenancy, also known as joint tenancy with right of survivorship or JTWROS, “requires unity of interest, unity of title, unity of time, and unity of possession.” [1] California Tr. Co. v. Anderson (1949) 91 Cal. App. 2d 832, 836. “The distinguishing characteristic of a joint tenancy is that each tenant has a right of survivorship, by which, upon the death of the other tenant, the survivor will automatically succeed to the entire property.” [2] Dang v. Smith, (2010) 190 Cal.App.4th 646, 490. Indeed, “when one joint tenant dies, the entire estate belongs automatically to the surviving joint tenant(s).” [3] Grothe v. Cortlandt Corp. (1992) 11 Cal.App.4th 1313, 1317.
Scott Talkov is California's #1 partition lawyer, having handled over 370 partition actions. He founded Talkov Law Corp. after more than one decade of experience at a California real estate litigation firm, where he served as one of the firm's partners. He has been featured on CNN, ABC 7, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterprise, and in Los Angeles Lawyer Magazine. Scott has been rated by Super Lawyers since 2013. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.
My California business has repeatedly expanded under Scott's guidance. In litigation, Scott is a persistent, zealous advocate, has repeatedly prevailed for my business, and has even recovered significant attorney's fees from the other side. He is also the first to identify and counsel against litigation that makes no business sense. This is why I have repeatedly turned to him since he was a young attorney to be my trusted business advisor.
read more read less
Talkov Law is the most reliable and diligent with regards to getting things done. They are very knowledgeable and helped me with my partition case. Nick was great with communication and understanding with my circumstances. I would definitely recommend them.
read more read less
We have received experienced and thoughtful advice with timely service we strongly recommend Nick Moss.
read more read less
Talkov Law provided excellent service. My family is grateful to Nick Moss for his expertise and diligence. Thanks to Nick, my family's co-ownership dispute has finally been resolved.
read more read less
Nick Moss and the Talkov Law Corp team used their knowledge and expertise to help me bring an end to my co-ownership dispute. I highly recommend Talkov Law Corp.
read more read less
We honestly couldn’t have done this without Ross and Scott. Ross was so great I would recommend This firm to anyone needing help with a partition case. Thank you Ross and Scott😃
read more read less
With the help of Talkov Law, I was able to not only win my case but also collect attorney's fees from the opposing party. I was involved in a business dispute where the other side refused to accept that they were wrong. The court repeatedly granted Scott's motions to dismiss and also granted me $25,000 in attorney's fees! I am so glad that Scott was referred to me by another attorney and that this headache is finally behind me. I hope I never need another lawyer again, but if I do, Talkov Law will be the first law firm I call.
read more read less
My first experience to this to Talkov Law Firm on partition , before I made a call I had done a lot of research on review so far. My first impression, they are very response to the calls.1 - Customer service - Excellent2 - On time appointment schedule - Excellent3 - Professional - Excellent4 - Good Quality - very details on financial analyst in real estate document especially in gathering and organizing and analyzing proof of evidences. = Excellent.5 - Free consultation is a plus = Excellent.6 - Cost is reasonable .In addition to major factors mention above , I would give to Attorney : Mr. Nick Moss a five star rating . I have been observing the legal process once I interact with him through out comminutions . He always stay on top of handle of responses to my phone calls ; emails and messages. Stay on top of update my financial analyst report make sure it is correct and valid evidences. He explained to me in details if I had any questions or concerns. With his expertise and knowledge in real estate legal field , he knows how to protect his client that I could see through the email communications to opposing counsel CC me openly. It means his process is very transparency and let me know the status of my case instantly. Finally , I'm very happy working with Mr. Nick , however, my case have not go to an end yet . With his professionalism attitude as I observed , I believed Mr. Nick will help me get over this difficult time. I recommended .
read more read less
Working with Nick and his law firm was the best financial decision I have made. The services they provided was exactly what we needed. Nick was easy to get ahold of and made this process a smooth one. He is so knowledgeable and professional. We could not have had a better experience.
read more read less
I searched long and hard before selecting Talkov Law to represent me in complex legal matters relating primarily to real estate, probate and a bit of family law. The attorneys at Talkov Law helped me achieve a great outcome in a difficult, heavily litigated case. Attorneys Scott Talkov and Nick Moss came up with creative solutions to bring an end to the disputes on multiple properties. Heartfelt thanks to the Team at Talkov Law!
read more read less
Everyone at the law firm - Courtney, Lauren, Natalie, and the Talkov's - were patient, caring, and very efficient when it came to my case. I would recommend all of them in a heartbeat! Thank you so much for your help with my case!
read more read less
Olivia Dajee and the attorneys at Talkov Law were very helpful in representing me in a partition case that could have easily become much more complicated. They were knowledgeable, excellent at communication, and were able to sell my property quickly and efficiently without court intervention. I highly recommend Talkov Law to anyone searching for a reliable real estate partition attorney!
read more read less
Mr. Talkov has an excellent legal team. They are experts in their field. Super strong command of the law and getting people and issues on track. They have tremendous professionalism, respect, and provides solid advice in handling complicated disputes by quickly getting to the core resolution. His leadership, quick wit, strong actions backed with experience and knowledge ranks him as a Super Lawyer again and again! Highly Recommend!
read more read less
I am impressed with how attentive Nick Moss has been in providing me with updates on my case and in his quick response to any questions I've had. His professionalism and values have been key in making me feel comfortable. I'm grateful to have found this wonderful law firm with a great team. Thank you Nick.
read more read less
I highly recommend Nick Moss and the rest of Talkov Law team. I was very pleased with Nick's knowledge and legal counsel. I don't think going through this process would have been as easy without Nick. Nick's attentiveness and focus on my case made me feel secure and confident. He always kept me up to date on what was needed to keep the process as smooth as possible. All in all 10/10
read more read less
Very happy with my experience with Talkov Law. Scott seemed to understand my case and needs, assigning my case to Nick Moss. Nick has been delightful to work with putting me at ease with a very tense family situation. No resolution yet but we are working to that end. I would recommend this group when everyone else tells you it cant be done.
read more read less
"Best legal advice you can get!! Amazing team of people who are really interested in finding the best solution to your problem.There is absolutely no better law firm than Talkov Law.Words can't explain how thankful I am to Attorney Scott Talkov, who is not only an amazing lawyer with great legal know how but is also an extremely nice person, who takes time and listens to your issues and problems to offer solutions. Every time I spoke to him he gave me the best possible advice and the confidence I needed. Thank you so so much Attorney Scott Talkov.
