Laws, Regulations & Annotations

C

220.0000 CHANGE IN OWNERSHIP

Annotation 220.0306

220.0306 Joint Tenancy. The transfer of real property from a husband and wife to themselves and a third person as joint tenants is not a change in ownership under Revenue and Taxation Code section 65(b) because the transfer creates a joint tenancy interest and after such creation, the transferors are among the joint tenants.

The transfer of real property from a husband and wife and a third person as joint tenants to the same three persons as community property cannot be characterized as community property under Civil Code section 687, because the third person cannot take title to property as community property since he or she is not part of the marital community. It is logical to interpret this transfer as from husband and wife and a third person, as joint tenants, to husband and wife, as community property, and to the third person, an unmarried man or woman. The third person's interest must be considered to be a tenancy in common interest if it is not indicated to be a joint tenancy interest or a partnership interest (Civil Code section 686). Revenue and Taxation Code section 65 indicates that the termination of the third person's one-third joint tenancy interest, now the tenancy in common interest, is a change in ownership unless one of the statutory exclusions applies. C 5/15/1987.

Note: Civil Code section 687 is now Family Code section 760.