How to Change Joint Tenancy to Tenants in Common in California

To change joint tenancy to tenants in common in California, the owner who wants out of the joint tenancy signs a new deed severing their interest, has it notarized, and records it with the county recorder in the county where the property is located. California Civil Code Section 683.2 lets any joint tenant do this alone, without the other owners’ consent or advance notice.¹ Once the deed is recorded, the right of survivorship is gone, and your share can pass to whomever you name in your will or trust instead of automatically going to your co-owners.

Why People Make This Change

The difference between the two forms of ownership comes down to what happens when an owner dies. A joint tenant’s share automatically transfers to the surviving owners, no matter what the will says. A tenant in common’s share passes to that person’s chosen heirs.

Common reasons to sever: a co-owner going through a divorce who does not want their share going to a soon-to-be ex-spouse if they die first; unmarried co-owners who want flexibility to leave their share to family; business partners who want each share to pass to that partner’s own estate. In each case, the conversion gives the individual owner control over their share.

Your Right to Sever Without the Other Owners’ Consent

Civil Code Section 683.2 gives any joint tenant two ways to sever: transfer the interest to a third person by deed, or execute a written instrument declaring the intent to sever, which can be a deed naming yourself as the recipient.¹ The self-conveyance is what most people use, because it changes how title is held without giving up ownership.

One limitation: if the joint tenants signed a written agreement not to sever, severance would violate that agreement. The severance is still effective against a good-faith purchaser who doesn’t know about the agreement.¹

Timing is strict. The severance deed must be recorded before the severing joint tenant dies. If the deed is notarized within three days before death, it can still work if recorded within seven days after death.² Miss both windows and the severance fails. The right of survivorship stays intact and the share passes to the surviving joint tenants.

Information to Gather Before Drafting

Pull these details from your current deed, property tax bill, or the county assessor’s website:

The full legal description of the property, copied exactly from the existing deed. The street address is not enough.
The Assessor’s Parcel Number (APN).³
The names of all joint tenants, spelled exactly as they appear on the current deed.
The mailing address on file with the county assessor for tax statements.

Blank quitclaim deed forms are available at county recorder’s offices, legal stationery stores, and online legal form providers. A real estate attorney or title company will prepare the deed for a few hundred dollars, which is often worth it. Mistakes on a recorded deed are expensive to fix.

Drafting and Notarizing the Severance Deed

A quitclaim deed is the usual choice because it transfers whatever interest you hold without making title guarantees. You name yourself as both the grantor and the grantee. What changes is how title is held after the transfer.

The deed needs language that clearly shows the intent to sever. A direct version: the grantor conveys their interest to themselves “as a tenant in common,” and “the joint tenancy is hereby severed.” The legal description and APN must match the existing deed word for word. Any discrepancy can cause title problems later.

Sign the deed in front of a notary public. The notary verifies your identity and attaches an acknowledgment, which the county recorder requires before accepting the deed.³ Only the severing joint tenant signs. The others do not sign and do not need to be there.

Recording the Deed

Take the signed, notarized deed to the recorder in the county where the property is located. You can usually record in person or by mail.³ Recording is what makes the severance legally effective and puts the ownership change into the public record.

California recording fees are set by statute. The base fee is $14 for the first page and $3 for each additional page. Expect a $10 survey monument preservation fee and a $3 real estate fraud prevention fee on top of that. The Building Homes and Jobs Act adds a $75 fee to most recorded documents unless an exemption applies. A severance deed involves no money changing hands and generally is not subject to the documentary transfer tax, so the SB 2 fee usually does apply.⁴ A standard one-page severance deed typically runs around $105 in total.

Preliminary Change of Ownership Report

California requires a Preliminary Change of Ownership Report with most deeds. Submit the deed without a PCOR and the recorder charges an extra $20.⁵ The form is available from the county recorder’s office or the Board of Equalization. Fill it out to show the transfer is between existing co-owners with no change in proportional interests.

Documentary Transfer Tax

Because no money changes hands, the deed is not subject to the documentary transfer tax. Write “$0 documentary transfer tax” or “exempt from documentary transfer tax — no consideration” on the face of the deed. Recorders sometimes flag deeds that say nothing about the transfer tax, which can delay things.

Notifying the Other Joint Tenants

After recording, California law requires you to notify the other joint tenants. The severance is already effective by then, so this is an after-the-fact requirement rather than a condition.¹ Deliver notice in person or by certified mail, and keep proof. A certified mail receipt showing the date and the recipient’s address is the simplest documentation. Failing to notify doesn’t undo the severance, but it does leave you out of compliance, which could matter if the severance is ever challenged.

Does This Trigger a Property Tax Reassessment?

Usually not. Under Proposition 13, a “change in ownership” can trigger reassessment to current market value, which can mean a sharp property tax increase. But California Revenue and Taxation Code Section 62(a)(1) excludes transfers between co-owners that merely change the method of holding title without changing proportional interests.⁶

The Board of Equalization confirms this: two people who bought property together as joint tenants and convert to equal tenants in common are not reassessed, because the transfer is only a change in the method of holding title.⁷

One exception matters. If the joint tenancy was created by one owner transferring property to themselves and someone else as joint tenants (rather than both buying together), “original transferor” rules apply, and terminating the joint tenancy can trigger reassessment of the interest held by the added person, depending on how the joint tenancy was created.⁷ If that’s your situation, talk to a tax professional before recording.

Mortgages and Liens

If the property has a mortgage, the due-on-sale clause is a common worry. Federal law limits when lenders can enforce due-on-sale on residential property with fewer than five units, and the Garn-St. Germain Act prohibits calling the loan due for several kinds of transfers, including transfers between co-owners related to death, divorce, or family.⁸ A severance where the same people continue to own the same property in the same proportions isn’t a sale in any meaningful sense, and lenders rarely treat it as one. Still, telling your lender as a courtesy is reasonable.

Existing liens are a more practical issue. A federal tax lien against one joint tenant attaches to that owner’s interest, and after severance the lien continues to encumber the property. A tenant in common’s interest passes to heirs along with any liens, where a joint tenant’s interest would have vanished at death through the right of survivorship.⁹ If a co-owner has serious creditor problems, severing can make the long-term picture worse for everyone else.

Finish the Estate Plan

The whole point of converting is control over who inherits your share. Converting the title is only half of it. You also need a will or trust that actually directs where your share goes. Without one, your share passes under California’s intestate succession laws, which may not match what you had in mind. A severance without an updated estate plan is half a solution.

1
California Legislative Information. California Civil Code Section 683.2
2
Justia. Riddle v. Harmon – California Court of Appeal, Third District
3
Los Angeles County Department of Consumer and Business Affairs. Understanding Real Estate Documents: Grant Deed
4
Marin County Assessor-Recorder-County Clerk. SB2 Fee
5
California Legislative Information. California Revenue and Taxation Code Section 480.3
6
California Legislative Information. California Revenue and Taxation Code Section 62
7
California State Board of Equalization. Rule 462.040 – Change in Ownership, Joint Tenancies
8
Office of the Law Revision Counsel. 12 U.S. Code 1701j-3 – Preemption of Due-on-Sale Prohibitions
9
Internal Revenue Service. 5.17.2 Federal Tax Liens