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The Implementation Guide for Oregon Warranty Deed For Husband And Wife Converting Property From Tenants In Common To Joint Tenancy Form

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Comprehend How to Fulfill the Oregon Warranty Deed For Husband And Wife Converting Property From Tenants In Common To Joint Tenancy Form

all right we're gonna get started so for.those of you who entered the chat later.my name is Lorena Rowell and I'm an.attorney here at brewer offered and.Patterson and today I'm going to be.presenting our webinar which is entitled.holding title to California property.part 1 joint tenants and tenants in.common step as a disclaimer hold on.I'm having a little issue with there we.go so here's our disclaimer uh it's.basically saying we're not providing.legal advice it's just a informational.webinar to help educate you on the.topics that we're discussing and I know.of me.Lorena royal alright so the basics of.holding title to real property so.holding title to real property there are.four recognized methods its joint.tenancy tenancy in common tendency in.partnership and community property there.are little offshoots from community.property from holding prop from holding.title to property under community.property and tenancy in common and when.we do host a webinar on those two topics.then I will divulge more into that for.example you have property holding.community property and then community.property that's right of survivorship.that's its own webinar that we will host.and same with tenancy in partnership but.those are JT TI c TI p and CP are the.four recognized methods in california.and how you can tell in which manner the.properties held is based on the recorded.deed so the deed itself will say.either joint tenancy tenancy in common.tendency and partnership and community.property so methods for actually.obtaining title so to have title from to.transfer one property from one person to.another.you need a D so the four main deeds are.grant deeds quitclaim deeds warranty.deeds and deeds at judicial sale the.deed is the written instrument that.conveys the or transfers the title of.real property from one person to another.so you have to have a deed it is.required in order to transfer property.from o2a and the most common one used in.California is a grant Dean and right now.we're going to be focusing all in this.webinar we're gonna be focusing on.transferring the property via grant deed.as I've stated there quitclaim deeds.warranty deeds and Judy and deeds fine.judicial sale however the focus is going.to be on the grantee because I want.simplistic examples to revive when we.are transferring a property from buy.from seller to buyer so the reason why I.grant deed is the most common used it's.because it's often the most acceptable.by Grand Tour and grantee so seller and.buyer side no grantor and grantee is.pretty much exchanged with seller and.buyer grantor is the seller grantee is.the buyer and when we're talking about.holding title on the transfer of title I.might go back and forth between saying.seller and buyer and grantor and grant T.so just wanted to.clarify that in case there's any.confusion on what I actually mean.so Grand Tour is the seller and grantee.is the buyer so I will try to keep it.unison to not cause any confusion but.just in case you are aware they are in.my example and in this webinar.interchangeable okay so the reason why.grant deeds are often used aside from.the fact that they are the most well.except most widely accepted between the.Grand Tour and grantee is because it.specifically say it's that one person is.granting their interest in this property.to another and there are limited.warranties that are associated with that.grant deed so in a warranty deed the.reason why some people don't want to.transfer the property via warranty deed.is because there's a lot of warranties.that the Grand Tour is granting over and.they don't want to be held to that.versus a quitclaim deed a buyer or.grantee doesn't really want a quitclaim.deed because there are no warranties.attached to it a grant deed is kind of a.mix between the two where if some not.all and so the buyer is happy the.sellers happy and everyone gets to.transfer the property and I'm not.focusing on deeds a judicial sales.because again that's its own topic and a.it has own set of procedures so those.are the four main deeds and again in.this webinar we're going to focus on the.grant deed okay so requirements for a.deep there are basic requirements for.having a deed in the state of California.first you have to have the name of the.grantor and they have to have the.capacity to contract so if.say it's you know grandma or grandpa and.they don't have the ability the mental.capacity to enter into contracts well.they don't have the mental capacity to.execute a grant deed it's kind of the.same notion where if you have the.ability to contract then you have the.ability to execute a grant deed if you.don't have the ability to contract you.don't have the mental capacity to.execute a grantee and there are ways.around that you know if you're the.attorney-in-fact or the trusts successor.trustee there are ways to execute a.grant deed for a living person who.doesn't have the capacity to contract.and so I can discuss that in a later.webinar or if there are any questions.regarding that at the end I can answer.them but whoever is executing the grant.deed has to have the authority to.execute it has the capacity to execute.it and it must include the name of the.grantor the owner or seller okay.the second is the name of the grantee.who are you granting it to so you have a.grandparent to grandchild so name.grandpa is executing this grant deed to.give the property to grandchild and it.has to actually state the name of the.person so for example whether its.grandparent to grandchild or sell in a.buyer it has to specifically State John.Doe grants real property to Jane Doe the.names have to be specific so that means.that when naming the ranty you can't.just leave it open the air such as for.all my future grandchildren or my future.children or potential cousins nieces.what-have-you.it has to be very specific.and they need to be able to take title.to the real property so living and.capable of taking title to the real.property meaning they have to have the.capacity contract meaning they need to.be 18 years old so those are the first.two main requirements which is naming.the grantor and naming the grantee so.everything has to be specific then we.come to the third which is a description.of the property so in my example I.provided john doe grant deeds the real.property to Jane Doe well it just can't.say the real property it needs to say.john doe grants one two three rainbow.Avenue to Jane Doe legal description.attached just follows and then you have.Exhibit A which Exhibit A will be the.legal description that is found in the.County Recorder which lists most likely.its position on a map the book that the.legal description is can be found and.any other descriptors some Bo properties.have a description three lines others.have a page or two it all just depends.on how the property is described within.the county that it's located in okay and.then number four is language indicating.intent to convey the property so back to.the example Jane Doe grants I mean sorry.John Doe grants one two three.rainbow Avenue to Jane Doe with the.attached description of the property.attached exhibit a so that named that.example I provided has the grantors name.has the grantees name provides a.description of the property which is the.common address plus legal description.attached as you.a and then the language indicating.conveyance which is Grant's John Doe.Grant's Jane Doe so those are just the.four basic requirements each seed needs.to have those in order to be a valid.deed so and non-valid deed is John Doe.grants property to grandchildren and any.future grandchildren one there's no.description on the property and two.there's no names he just says.grandchildren who are the grandchildren.does he mean all of them doesn't mean.the ones that are 18 does he mean future.ones coming about like what is he trying.to grant so that's why it needs to be.very clear and specific on who's the.grantor who's a grantee the description.on the property and the language showing.the intent to convey and they focused on.this slide a little bit a little bit.longer than I probably need to only.because we've had issues in the past.where our documents are not being.recorded so a client will try to record.their documents it keeps getting.rejected by the County Recorder they.come to us and we realize it's because.they're missing you know what are these.specific basic requirements and usually.it's the description of the property.with the attachment that's not included.but aside from that everything else is.usually there but there are issues that.we've seen so that's why I'm trying to.focus on this right now okay so we.talked about the basic requirements of a.deed.and that the deed needs to be in writing.so next we have to in California we have.to record the deed because California is.a race notice state meaning that if one.person writes a deed and provides it to.the grantee that unless the grantee.records it the property is still kind of.up in the air and the grantor can sell.to somebody else yeah and I don't mean.to say can because there are a whole lot.of issues that arise from double selling.one then it's not okay but they have the.ability to because the new buyer will.come in and see that nothing has been.recorded so they believe that they have.the right to purchase this property and.they do have the right to purchase that.property it's whether or not the seller.has the right to sell it so in addition.to the basic requirements of a deed so.I'm gonna go back one more.you have these four but then there are.two other matters that you need to do.which is delivery and acceptance the.reason why I don't have them here and.the reason why it's not really an issue.now is because deeds are pretty much.completed with your escrow and so they.just automatically get delivered and.accepted by the grantee / buyer so.normally it would back in the day I.would have added two more say like early.nineteen hundred's we would have named.grantor grantee description of property.language is indicating intent to convey.and delivery of the D and acceptance of.the deed and those are important because.for example say grandparent wanted to.give their farm this is a classic.example that we get in law school the.grandparent wants to transfer the.property to their grandchild and so they.complete a deed has a hustler named has.their grand child's name describes the.property and the intent to convey but.they leave the deed in the dresser so.grandchild hasn't has no knowledge of.this deed ever occurring and because.grandpa didn't deliver as a deed to.grandchild the grandchild is not aware.of it and so cannot accept and so that.deeds not valid in the sense of if.grandchild later on found it after.grandparent died and then tried to make.it claim unfortunately their claim would.fail because the deed wasn't delivered.and the deed wasn't accepted so another.example say grandpa did complete this.and deliver the grant deed to grandson.and grandson realized he doesn't want to.farm life and wants to move to the big.city so he says no grandpa I don't want.this I don't want the land okay well.there's no acceptance so at that point.there is no transfer grandfather.intended for that to happen followed the.steps on the very last step which was.acceptance did not occur so grandpa is.now free to transfer the property to.anybody else and that is important for.everyone to know that there is delivery.and acceptance but it's just not really.focused on anymore because we do use.escrow agents and it's clear that when a.buyer puts down money to purchase a.property that they will accept it.and part of you know the escrow process.is for the sellers to execute a grant.deed which is I delivered to the buyers.and of course it's accepted so that's.why it is not its own slide or part of.this slide because it's just something.that does come around and just happens.naturally but it is a requirement and.the reason why I came back to list to.discuss it to discuss delivery and.acceptance is because of the following.slide with regard to recording so I gave.some brief examples but I'm gonna use.the grandpa grandchild farm example.again for this so we've already stated.that I gave the examples of not delivery.and then not acceptance so say there is.delivery and acceptance grandpa keeps.the deed with the forming basic.requirements he delivers the deed and.grandchild accepts and then grabs the.deed and throws it in his own desk.drawer or something and for all times.you know they're in he believe the.property was his there was an effective.transfer you know they followed the.requirement so the property it says.accept grandchild didn't record that.document with the County Recorder so.let's say 20 years go by and somebody.wants to purchase the farm and they look.at the County Recorder see that it's.owned by grandpa and go to grandpa and.say oh I always like to purchase this.farm from you according to the County.Recorder you still own it I want to buy.it it's not okay grandpa with the.capacity to enter into a contract.because that is a requirement says Oh.okay I thought my grandson wanted it but.it seems like he didn't I will sell it.to you and sells it to the third party.the third party is a bona fide purchaser.they got the property legally they.purchased it from the seller and whether.the seller did something wrong that's.its own situation but to that buyer the.buyer had no notice that the property.was owned by someone else and paid money.to purchase a property from the owner.that they believed based on the recorded.documents so it's important because a.lot of people will transfer deeds not.necessarily when you're working with an.escrow agent because they have a process.for you and they outline what you need.to do but some people do like to either.transfer property between their family.members or do it themselves because they.believe that they have the knowledge for.it and will transfer the property but.not necessarily have the document.recorded or will get the deed and say oh.I'll do it next week and they just keep.pushing it back keep pushing it back and.then we run into this problem so race.notice is extremely important because it.prevents all the issues and so what we.always advise to anyone not working with.an agent or escrow is to as soon as you.get that deed go and record it it must.be recorded it needs to be recorded.today tomorrow as soon as possible it.just if you want it to be on the record.it must be recorded because otherwise.when you do title searches or try to go.back in the county records see who.actually owns the property you're gonna.get the last person because you didn't.record your document and for recording.it needs to be notarized but if you're.not recording then the deed does not.necessarily need to be notarized so.a lot of people get that confused.because it's just automatic when you're.preparing a grant deed or any type of.deed you haven't notarized.right then in there but that's with the.intention to go and record it and you.know the document needs to be notarized.to be recorded if you are executing a.deed without it being notarized be very.cautious because why isn't not why is.the intent not to record it.you always want anything regarding real.property to be recorded for it to be.recorded you need to be notarized so if.there's any documents that you are.executing and you are concerned that.it's not being notarized definitely.speak with someone regarding the.concerns because it is it is very we.read to me that someone would execute a.grant deed or any type of deed and then.not get it recorded so just in case.alright so lastly is title insurance so.I talked about this a little bit at the.very beginning when I was talking about.grant deeds so but let's just focus on.it right now.so title insurance is available.throughout the state it basically is.telling the buyer hey I have the correct.title to be able to sell this to you.so buyer isn't going up to some stranger.who's standing near the property and.saying oh pay you X amount of money for.this property and that stranger says.sure takes some money and then walks.away and they actually didn't have the.right to sell the property title.insurance allows for you to do that for.title insurance allows the buyer to know.that they are buying the property from.the correct party.it's available throughout the state it's.very easy to get pretty much you're.always gonna get it there are instances.where you might not but it's about 98%.kind of happened so that's why I'm.briefly touching upon it because it's.technically not legally required to get.especially say you know that the.property's been in the Hanson family.since 1800s and you know Joe Hanson is.selling it to you if you guys are doing.it without agents trying to do it.without escrow because you have the.monies and okay you technically don't.have to have title insurance you do need.to have a notarized grant deed that's.recorded to prove to you know everybody.that you are now the record title owner.of the property but you don't.technically need title insurance however.if you are going to get a loan on the.property most likely it's required by.your lender because they want your.lender the bank wants to make sure that.who you are purchasing the property from.is a corrector because they don't want.to give you money when they don't want.to give you the buyer money when you are.potentially purchasing the property from.someone who's not the owner like the.stranger in the previous example and.quick touch upon loans you can have.multiple you can have parties on title.Scylla property that are not on the loan.and vice versa the main times they see.the situation occurring is when you have.parents who are assisting their child.with the purchases their first property.the child's can't qualify by themselves.because it is their first home so.the parents and the child usually enter.into a loan for the property so the deed.of trust is for the property that's.purchased but the property is in the.name of the child itself however all.three the child and the parents are on.loan it's important for people to know.that because it has been happening and.there are issues with that occurring I.haven't seen any as of yet being.extremely negative where I would advise.against it it is a tactic for parents to.assist their children it's a tactic for.people especially younger generations to.be able to even get a loan on property.because of student loans other debts and.just the cost of living it is pretty.difficult to not have that credit enough.for banks to want to loan to you and.especially if you don't qualify or you.want to get a better deal than a.first-time homebuyers loan then you know.you use this method and that's perfectly.fine if there are questions on loans.specifically and our title insurance at.the end of this what I would do is take.your questions and then speak with a.title insurance officer and a loan.officer and answer those questions in.part two because for those issues I do.know enough to guide but if they're very.specific and technical I would like to.speak with someone who's working in that.field to have a better understanding and.to be able to provide a better response.to your questions okay so I said this.earlier but I just want to repeat that.this presentation is only covering joint.tenants and tenants in common as I.previously said there are four different.there are four.knives to hold property in California JT.GI c TI p which is tennessee partnership.and CP which is community property my.next webinar is going to cover holding.title to property spouses so community.property and that will also discuss.community property with right of.survivorship and I do believe I'm gonna.touch upon transferring property from JT.rtic to community property and use.examples like you know a couple.purchasing a property with their.separate property in GT or TI C and then.getting married a year several years.later and then wanting to transfer that.property or at least they're in their.separate property interest in it to.community property since they purchased.it while they're together they got.married and you just felt like let's do.that so that will be the next webinar.will be focused solely on community.partnership okay so tenants a comment or.what I've been saying T I see that's.gonna be your first topic okay and.tenants in common this is the kind of.universal default if your deed does not.specify how the properties to be held.well it's gonna be held in tenants in.common this occurs when you have two or.more people who are going to be the.owners those property whether they be.friends siblings a couple I'm married.couple for my example to keep things.easier if it's two or more people then.it's gonna be tenants in common unless.specified otherwise.this tenants in common is created by.grant deed express or implied as I said.it's implied if it's not specific as to.what type of methane you intend to hold.the property it will default to ten it's.common or your grant deed can be.expressed so let's say Harry Smith.grants to Jane Doe and Wendy dough that.if that's just what it says and I am.implying that everybody has a capacity.to enter into a contract and that the.real property description is in the deed.I'm just trying to make it shorter so.just for your information on why I'm not.doing an extremely long grant deed.explanation so Harry Harry Smith's.grants to Jane Doe and Wendy doe if he.just leaves it up if we just leave it at.that.defaults tenants in common or it can be.Harry Smith's grant to Jane Doe and.Wendy dough as tenants in common which.is expressed and then we have the.percentage of ownership and that again.is express or implied so you have your.we have our example of Harry Smith.granting to Jane Doe and Wendy dough as.tenants in common if there's nothing.about percentages then it's default to.50% Harry Smith's grants to Jane Doe and.Wendy dough then implied that it's cents.common and again imply that was 50%.because there was no distinct or Express.no about the person.Jim ownership so if you want it to be.something other than 50% then it needs.to be expressed say Wendy in our example.Wendy Joe put down you know 60% of the.down payment and Jane don't only put.down 40 well they can have the deed.specifically say Harry Smith grants to.Jane Doe a 40% interest and when deed.doe a 60% interest a sense comment or.just in their interest which again.defaults attendance and comment so that.is a way to really reflect the express.percentage of ownership if you want it.to match the monies put down for the.purchase of property it is not common.for people to do that people don't.really do that you'll have Wendy who.puts in about 70% Jane who puts in about.30 and they just say grants to Jane Doe.and Wendy Doe and they just leave it.like that and then you have the implied.tenants in common and they knew how they.implied equal percentage of ownership.this becomes an issue when things go.sour and somebody who's been paying more.along or who paid more at the beginning.wants their money back.so say Jane and Wendy gone into huge.fights whatever family dinner that they.were at and so now they're not talking.to each other and the family can't bring.them back together so this happens a lot.with siblings when siblings paying more.and they get into a.right around Christmas or the holiday.season and it comes up and now we have.to try to resolve a either partition the.action partition the real property which.we'll discuss later or try to come up.with some resolution so having if you.don't intend to have the property being.equal ownership fifty-fifty then put.down the Express percentage of each.person's ownership that is key I believe.in being exceptionally clear of you know.who's more responsible for the monies.going in and out of the property who.pretty much owes more money person with.the greater interest will owe more it's.not gonna be 50/50 division and I think.it's really key to resolving a lot of.the issues especially because it seems.like most of the problems that we have.with tenants in common goes back to the.very beginning when Wendy put down 70%.or 60% or anything more than 50 towards.the purchase little property a fight.ensues and then that is where everything.goes with regards to problems it all.traces back to that one issue so I.highly suggest to put an Express percent.ownership if there is a difference in.monies used to purchase property.okay let's see oh actually let me go.back real quick so in addition to.interest the I mean the percentage of.ownership I also want to talk about.possession.apologies for moving on too quickly um.you have Jane and Wendy they either own.it 50/50 or 60/40 70/30 however you want.to have it regardless of their ownership.each of them has the right to possess.the property and possession can either.mean physical possession or just the.right to enter and you know know what's.going on I mean there's a difference if.say Jane's living in the property Wendy.can't just like come in all the time.unless they have an agreement that she.can but that's not what I mean and it.doesn't mean 50 percent or 40 percent 30.what have you in which you have the.property and then you draw a line down.the middle and Jane can only use this.amount and Wendy can only use this.amount that's not how it goes it's just.the right of possession since your name.is on the deed you have the right to the.property and the right to possession of.the property and if one party tries to.prevent you from such possession that's.considered an ouster which is not great.and not advice even if you guys are.fighting do not try to kick the other.one out it will make things a lot worse.not only for any other reason besides.you have this now other legal matter.that you're trying to resolve so even if.you are having issues with your other.tenant in common you're not offset.so okay just wanted to touch upon that.before I move on to joint tenants so.joint tenants is the next and joint.tenancy is different than tenants in.common with regard to how its held.obviously it's a different type but it's.mainly related to the percentage of.ownership in CIC.you can have equal ownership or you can.have different percentages joint tenancy.you can't they must be equal identical.and coextensive meaning it's 50/50 or.it's split between three ways or four.ways there is no instance in which one.tenant comment can have a higher.interest I mean there's no instance in.which you don't.a joint tenant can have a higher.interest in the property than the other.they have to be exactly equal and in a.joint tenancy it has to be Express terms.so like I said with ti C's they are kind.of the default so if nothing expressly.written and it's implied it.automatically it goes to CIC in joint.tenancy there needs to be an express.declaration with explicit language that.the parties want to be holding the.property as joint tenants so for example.harry smith grants to Jane Doe and Wendy.doe what is that that is a tenants in.common.Harry Smith grant to Jane Doe and Wendy.dough as joint tenants that is joint.tenants because it's an express.declaration with explicit language that.they want the property to be held as.joint tenants okay.last one Harry grants to Jane Doe and.Wendy dough or let me start that over.Harry Smith grants to Jane Doe a thirty.percent interest and one needell a.seventy percent interest as joint.tenants last one was to be a trick I.don't know if it worked but that can't.happen because again joint tenants have.to be 50/50 or if it's not 50/50 equal.ownership so there can not be different.ain't changes so that grant Dee's the.last one that I just provided doesn't.work out it'll either knock out the.percentages and be joint tenants but.probably not if anything it will when.you when we review it or if I were to.review something like that I would say.well you put the interest you put the.percentage of ownership in there for a.reason because you want a lot to be.reflected which means that it's not.joint tenant so I probably acts out so.joint tenants and say what you guys.intended was for tenancy in common with.and with a different percentage of.ownership and also most likely what.would happen so the reason for that is.because again not equal ownership and.that's why at least for joint tenants we.have four unities interest.title time and possession so your.interest is equal interest your title is.as joint tenants.the time is you guys are you know.preparing this at the same time and.possession is equal to that of the.tenancy in common in which you intend to.take possession all with property but.not necessarily physically but you.intend to possess the property it will.be one of your possessions and items.that you own okay and um for creating a.joint tenancy there are instances that.I've seen in which people fearing that.their deed which specifically says Jane.Doe and Wendy Doe as joint tenants is.not sufficient enough to be an express.declaration or explicit enough language.to convey that they want to JT they add.a bunch of other language so that.everything else is gonna be creative.fifty-fifty with regard to run soar.anything like anything else.so people will add more language to.clarify that their intent is to create a.joint tenancy but that is not necessary.it's considered a surplus egde and it it.doesn't help the problem it's just.oh that's extra language so just be.clear with as joint tenants or joint.tenancy year things like that okay.rights and differences between joint.tenants and tenants in common and this.is the main reason why people pick joint.tenant or over tenancy in common or vice.versa so joint tenants you own the.property together except when one person.dies there.state does not take over control of.their percentage interest upon their.deaths their interest in the property.essentially it goes poof and just.automatically gets absorbed into the.survivor so example Jane Doe and Wendy.doe on the property a sentence and calm.as joint tenants Jane passes and upon.her death her interest in the property.goes poof.Wendy then owns a hundred percent of the.property people do this in order to.avoid probate or they don't want to.prepare a will or a trust or anything.they just think that it's easier and it.kind of is because the property is not.owned by their estate so there's nothing.to dispose of the property just.automatically goes to the survivor.so that's joint tenancy with regard to.survivorship and people choose that.again to avoid the probate process and.Trust process and all of that but if you.actually want to have your interest go.to somebody whether it be the person.that you own the property with or a.child anice a nephew or somebody else.then you're gonna want tenants in common.so that means that Jane and wending own.as tenants in common.Jane dies if she dies intestate then her.estate will need to probate to start the.probate process whether the smallest.affidavit or regular probate was filing.a petition with the courts and try to do.something with her interests when he.still owns her fifty percent interest in.the property as herself because she's.still alive but Jane's state owns her.fifty percent interest.and with intestacy you know we got to go.through the probate process with the.will still go through the probate.process with trust most likely connected.with the will still going with not in.the same with the probate process but a.process from the distribution and then.however Jane has disposed of her.interest in this property whether it be.to Wendy or to James own children or.family or friends that's up to Jane but.she has the right to dispose of her.property whichever way she feels like.because it's hers.you mean upon her death unlike in joint.tenancy where it's not hers upon her.death so it depends on what you want.there are for example on people choose.joint tenancy because are a couple and.they are not yet married but they don't.want to have to deal with the probate.process because technically they are.legal strangers since they are not.married or in a domestic partnership so.in order for the survivor to get the.entire property upon their death couples.go into joint tenancy or siblings I've.noticed that as well.siblings do that so then they don't have.to go through the probate process as.well and tenants in common with couples.who are fine was who already have a will.trust or are fine with intestate and.they just want their interest to go to a.family member that's normal as well same.with siblings there is no common there.is no commonality in which like oh these.people you know pick joint tenancy or.these people pick tenancy in common it's.just where you are at the stage in our.life what you're looking for and if you.want to have the other party have to.deal with.appropriate or not that's really it and.trying to think there was another matter.in which people would choose Oh what.I've seen with sentence in common is.that their survivor usually purchases.the deceased the decedent's interest.from the estate so instead so Jane dies.we're going back to my example of Jane.and Wendy hold the property a sentence.in common equal ownership Jane dies her.trust says that her interest goes to her.daughter her daughter really doesn't.want anything to do with the property.either your lives out of state or has.her own or what happen ever of reasons.Jane's daughter does not want to.property uh so Wendy will say hey I'll.you know I'll purchase your fifty.percent interest and that's kind of what.is very common that the survivor.purchases the interest from the estate.it's easier and it prevents having to.deal with a partition action in case.there is a dispute and they try to sell.the property this state does and it.keeps the person who's surviving who's.already living there or who's still just.owns and managed that from having to do.much else they just purchase that's not.always the case and just because they do.purchase doesn't mean there won't be any.other problems I'm just stating that.that was very common to see so rights of.the tenants.so for both joint tenants and tenants in.common they are tenants with each other.and co tenants have a right without.consent or approval the other to sell.encumber or take possession of their.interest so Jane Doe and Wendy dough.Jane Doe is hit by hard times wants to.sell her interest to someone anybody.because she just rather have the cash.than an interest in the property.wendy can either purchase Jane's.interests and own the property herself.or Jane can sell it to another Jane has.the right to do so she doesn't have to.ask Wendy though it would be nice.um she doesn't have to same with I'm.taking a loan out on her interest on the.property so again if Jane's on hard.times and once alone she can ask the.bank to provide a loan based on Jane's.50% ownership interest in the property.whether it is tenants in common or joint.tenancy it doesn't really matter she has.a few personal interests she can.encumber her interests and that's also.with regard to taking physical.possession its subject to the equal.rights of somebody else so and by.somebody else I mean the other tenant so.say same example of Jane's on hard times.Wendy's living in the property jane says.hey I want to move in I need a place to.stay.I am 50% of this Wendy can't say no well.she can't say no but that would be an.austere so this instance when he says.sure come along and so Jane moves in but.that doesn't mean that Jane has the.right design kick Wendy out because that.would be the equivalent of Wendy saying.no you can't come in they have the right.to possess the property and as long as.they just don't really you know try to.take exclusive possession or affect the.other party.interest it's fine and again if they're.both living there it doesn't mean that.they have to split the kitchen down the.middle or anything else down the middle.they just live in they're like roommates.when it regards the can so regarding the.community property it's the common.property co-tenants cannot enter into.certain contracts such as easements.servitude or removal of timber or.materials so Wendy and Jane and Wendy on.the property regardless of if they live.there or don't um Jane can't go to a.corporation say go ahead and mined the.timber on our property or go ahead and.mine the minerals on our property.without Wendy's acceptance that's the.same with provide you know creating an.easement when it regards the entirety of.the property and how its run then you.need both when it's just talking about.your interest then that's something else.that's why when it regards to the.tenants interest they are allowed to do.certain items when it regards the entire.property they are not they need consent.of all parties ok so now we have the.income so for both joint tenants and.tenants in common when it's occupied by.the co tenant in sell themselves there.needs to be a contract concerning the.division of income so say ok Jane and.Wendy own a property regardless tennis a.comment or.t-they on a property Wendy's living.there and ranching on the property well.there's obviously income coming in from.her work gene who is not doing anything.for such worker labor isn't entitled to.the income of that company.Wendy's ranching company unless there is.a agreement so Jane and Wendy agree that.Wendy's going to ranch the land and Jane.will get a two percent interest of the.net profits over the course of the.fiscal year okay then that gives Jane.the right to have income coming from.their property based on the labor and.maintenance done by Wendy but if that's.not it it's just Jane doesn't want to.live on the ranch and Wendy does and.wants to wrench it and she does so then.Wendy gets to keep all of the income.based on her labor and management of the.property that produced such revenue and.a lot of the reasons why I've been using.farm and ranch examples is because it's.easier when it comes to at least.division of income and those are the.easier examples especially when it comes.to the deed being in the drawer and so.there's no particular reason why I am.choosing ranch and or farm based.examples it's not like we exclusively.only work with those we work on regular.residential properties and commercial.properties but that's just the way I've.chosen to provide examples today okay so.if the property is occupied by a third.party Wendy and Jane and Wendy on the.property they neither of them want a.ranch they want to live in the city so.they give it to they lease it to a.rancher the rancher you know does his.business and there's an income from that.and so based on the rents that he's.paying for the ranch Jayne and Wendy.each get 50% unless they decide to split.it in a different manner but they each.get an interest of the income that from.the property when it's you know leased.out to a third person.if we're going more into the the depths.of whether the rancher only you know.provides regular rent and then an income.based on the amount of profits they.received from the business that is a.contract that needs to be drafted for.each and every individual situation it's.not automatic it's automatic just that.tenants who own the property and lease.it out to a third person they have the.rights to a equal division of the rental.income unless they agree differently.okay so I see that we're a little over.an hour so I'm gonna try to move a.little bit quickly okay so again for.both of them.oh this next slide we have the pop up of.the pink box which is just restating.that absent an agreement oh this one is.to highlight that if there's no.agreement and one of the tenants are is.managing the property and the other one.isn't that tenant just doesn't.automatically get property managers fees.or anything like that that some people.feel that they are entitled to.especially when a fight and see.it's just if they are maintaining the.property because that's what they want.to do great if they want to be.compensated for that they need to have.an express agreement with the other.tenant in which that tenant says yes you.should all get paid for your efforts and.maintaining if they don't then if there.is no agreement then they're most likely.not entitled to that you can always make.an argument but put it in writing okay.so reimbursements let's see all right.I'm gonna try to get through this real.quick okay reimbursements in a true.joint tenancy you are not entitled to.reimbursement absent and Express.agreements so joint tenants is from the.beginning you are taking the property as.equal ownership there is no distinction.between whether somebody is thirty.percent owner seventy percent owner its.equal so everything is equal you.entitled this to be your property and.regardless of the monies that you put in.if you always put in a hundred percent.and the other partner puts in zero or.it's just slightly different where it's.60/40 it doesn't matter.you guys intended this property be owned.by you equally and so it shall be and.the intent is for the benefit of the two.parties so you're not trying to get.reimbursed because you own it equally.this is to be yours uh to fight that.matters say one party does end up paying.a hundred percent of the or ninety.percent the other party paid zero to ten.percent of the costs associated with the.property you can always rebut the joint.tenancy presumption that in and of.itself is just arguing saying that we.did put joint tenancy on the deed we.didn't really mean to do Zahn I didn't.there is an agreement that I am to be.reimbursed.it's basically fighting the joint.tenancy so that you can be reimbursed.even though the property is held as.joint tenants.this is pretty difficult because you.have to have a lot more than just he.said she said you need hopefully and.expressed written agreements which.unfortunately doesn't really happen but.that's what we would like and if there.isn't then at least some consistency in.how the parties behave with each other.are there text messages emails something.where there was a common understanding.that so-and-so that Jane was gonna be.reimbursed or Wendy was gonna be in.reimbursed if there isn't then that's an.uphill battle to fight for reimbursement.because the court might find it to be.true during Tennessee now there's a.difference in tennis in common so you.are entitled to a credit from the other.tenants based on your and their.ownership interest so if it's 50/50.ownership then if you paid a hundred.dollars in taxes and property taxes then.the other person needs to reimburse you.fifty dollars but say Jane Doe and Wendy.doe Jane owns only thirty percent and.Wendy owns 70% and Wendy pay the.property taxes well Wendy can only be.reimbursed thirty percent not fifty.because Jane only owns 50% wendy is not.gonna be reimbursed more than what she.should because if she has a greater.ownership interest and the property then.she's expected to pay up to that.ownership interest so everything else.will be divided that way which is thirty.seventy so that means Jane only needs to.reimburse Wendy thirty percent if it's.50/50 again then everything is just.split equally.okay so changing between tenants in.common and joint tenancy that can happen.we have it where people enter into joint.tenancy you realize that's not really.what they want or several years later.they realize that they would like to.leave their interests to whoever family.friend what have you so the parties.coming together or just if we're doing a.joint tenancy just the one party and.they execute a deed to transfer their.interest from JT to TAC which then.severs the joint tenancy relationship.for example we have Jane Doe and Wendy.Doe they are they took the property as.tenants eyes joint tenants Jane realizes.she wants to leave her 50% interest to.her daughter Jane goes to an attorney.gets a grant deed that transfers from.herself as a joint tenant to herself.well that severs the joint tenancy so.then the property is held us since in.common between both parties a toe joint.tenancy one party has the right to do.that which is sever the joint tenancy.because it's their ownership interest.that they're changing so let's do an.example with Jane Doe Wendy Doe and.their brother Bob doe they all took the.property as joint tenants years on down.the road.Jane would like to leave her interest.her one-third interest to her daughter.so Jane Trance.went to an attorney got a grant deed.that transferred from herself as JT to.her self-esteem and recorded it always.record it so that means the property is.held by the three parties Bob one name.Jane Jane has a one third tenants and.common interest with.Bob and Wendy who together are in joint.tenancy but with regard to Jane they are.tenants in common so that means that if.I there Bob or when he dies there.whoever dies their interests poof it.gets absorbed by the surviving GT and.then whoever survives that is in tenants.in common with Jane so that's how to.split a GT 2 t IC with remaining GT.involved if you have more than two.parties if you have two parties it just.summers it automatically now so you took.the property as t IC and you want to.move it to JT you have to both parties.have to come together an executed.document that says that they are.transferring their interests from ten to.common at two joint tenancy we have to.have the four unities involved which is.time title possession and express.declaration let me just double check.interests title time and possession so.interest is equal interest we have the.title they're executing at the same time.and it's regarding possession of the.property so in that instance you can't.have Jane and Wendy who are in tenants.in common and Jane comes in to her.attorney and says I want to transfer my.the property into joint tenancy you.can't do that you need both parties.involved and but you can if you will go.back to the example with Jane Wendy and.BOM Jane Wendy and Bob are in tenants in.common.Wendy and Bob decided they want to be in.joint tenants Jane does not want to so.Wendy and Bob go to an attorney saying.they want to transfer their interests.together in this property.to joint tenancy so once that's done and.the deeds recorded the property will be.held in 1/3 interest tenants Jane will.be a 1/3 tenant in common with Wendy and.Bob who are joint tenants with each.other each was a 1/3 interest and who.are tenants in common with Jane so you.are able to go back and forth it's just.just a deed match the exact requirements.I need to be met prior to it being.reported and then if you can record it.okay oh yes I should have flipped over.tonight's slide ok so now the real.reason not actually brought me to this.topic as I've said we had a lot of.issues coming up with JT's and Casey's.coming in and either transferring the.property out not truly understanding.what it was meant when they entered into.it 5 10 15 years ago and they're now.trying to kind of resolve a matter.because a fight ensued Andy there's a.couple splitting up or the siblings.aren't talking with each other or one.party needs the money and the other.party doesn't whatever what-have-you um.it's just we have just abuse over title.now because over the years one party has.been paying more or claiming to have.paid more and they want to be reimbursed.so the disputes there's not one more.than the other it's not like we get more.disputes regarding during tenancy versus.tenants in common.it's just disputes arise when you have a.dispute over ownership interest that is.basically boiling down to money so you.have a JT in which technically.everything's supposed to be equal and.each party puts in their mouth.and it doesn't matter that one party.paid less or more it's just it's.supposed to be equal but then over the.years one party is starting to feel.stressed out that they've always been.paying more and they decided that they.want a higher interest so that's when.that party needs to do the we're but of.presumption of tenancy.joint tenancy with regards to tenants.calming you have two tenants in common.either 50% most of the time and 50%.ownership interests well one party has.been paying more so they then feel that.they want a higher interest because they.have been paying more so what our job is.to do is kind of evaluate what has.transpired over the years what the.intent of the parties were and the.payments and proof of payment whether it.be bank statements credit card.statements if you're trying to get.reimbursed for renovations to the.property statements from your.contractors copies of checks things like.that so we look over everything and then.most likely what we try to do before.partition action occurs is to try is.resolve it because the partition action.is going to do exactly what I we do here.which is evaluate what is transpired.what first evaluate when you guys took.property whether it's GT or TI c.evaluate the monies that have gone in.determine whether it's appropriate for.reimbursement so let's just a TI c or.non-reimbursable.JT and with that presumption rebut the.presumption or joint tenancy if.necessary and then how to resolve it.usually it's just throwing money here.and there or if one party doesn't have.the money and they just still want to be.part of the owner of the property they.might say all right don't put me as a.50% owner.I've only been paying 20% of the items.on this property so let's reach Ange the.deed to alter our interests.that's pretty much what's been going on.not necessarily changing the deed to.ownership interest but making a you know.a demand for repayment to resolve.whatever dispute there is now if that.doesn't get resolves because you know.parties want more information or it's.just too soon or whatever then you have.a partition action a producer action is.basically one tenant going to the court.and saying hey I want to do something.about this I'm either want to sell the.property I want reimbursement or I want.my interest in the property to be higher.than you know the other person so I need.you a court to help me out and what the.courts gonna do is first they're gonna.look at your ownership interest and see.if you guys are 50/50 70/30 6040 however.and first it'll determine okay this is.how you guys each own the property next.courts prefer distribution in kind but.if necessary by cell then they will move.to sell the property and after all the.fees are taken out by the cell then the.remaining balance or the net proceeds.will be distributed according to each.party's interest and that will also.follow with reimbursement if one side.paid more than the other then they'll be.reimbursed from the sale and then you.know the distribution of whatever else.but that is all based on what the.court's decision we try to it's.inevitable that partition actions do.happen but we try to resolve them prior.to because you have the choice in that.matter when you let a partition action.happen then the court gets involved and.sometimes it's necessary if a party's.not really willing to work with you or.if they're on my a or it it does.really matter but when you do it.yourself you can at least control what's.happening once you get into prostitution.action then the court takes over and.it's their decisions so we try to.resolve them prior to the need for.filing a partition action but sometimes.that's just what happens and I've been.seeing that a lot lately which is the.reason why I wanted to do a joint tenant.and tenant in common webinar so that.people are more informed about the.similarities and differences of the two.and so that they know what they mean.when they enter into or when they.execute or when they take title to the.property not enter into Knox cute.apologies when people know when they do.the escrow instructions you know what.should they say do they want at TI C or.do they want it JT what what is their.interest what do they want and how do.they want this to move forward in their.lives and what does it mean especially.if one party is not as financially.secure as the other is there gonna be.growing animosity if there is let's keep.it to T I see if we are you know equal.or fine was paying everything equally.and we don't want to deal with probate.then GT might be the best way to move.forward.so that's the reason why I chose this.topic for the webinar and why our next.topic will be focused on community.property because one party's take JT and.T I see and sometimes want to transfer.it to CP and then what happens just in.community property why is there.community property why is there.community property with right of.survivorship what's the difference why.don't couples just take it as JT so.those are the types of things I'm going.to talk about and the next one and if.you do have any specific questions that.you want answered within the next.webinar or at least to be discussed.regarding community proper.please feel free to send me an email and.let me know what topic.well what question you have regarding.the community property topic and I will.try to incorporate that into one of our.sites so we have two questions um oh I.hit the wrong button.okay so question one it's tax related so.with all tax related questions I'm.always going to say I'm not a touch.professional so I would double check.this with your tax preparer to make sure.that the desired outcome that you want.works because we draft the documents but.if they're specific text related.questions we want you to double check so.this question is if an owner has taken.off attendance and common property is.there a way to avoid an increase in.property taxes okay so this question.leads to reassessment so we have Jane.Doe and Wendy Doe got the property let's.say in the 90s for like a hundred.thousand dollars so they own the.property today and in 2019 and they're.they held it in tenants in common so at.this point Jane wants to sell her.interests well if she sells her.interests to Wendy then that fifty.percent interest might be reassessed to.the current value of 2019 that would.just be Jane's 50% interest when needs.original fifty percent interest will see.the same and so and that's the same if.Jane sells it to somebody else so let's.give an example that Jane dying.in tenants in common and the quiz her.interest to her daughter so then you.have your parent-child exclusion so then.when these child would come in to.attendance a common with one D but the.assessment should not take there should.not be a reassessment because of the.exclusion that sometimes falls through.the cracks because people don't realize.that or they don't file the appropriate.paperwork in the right time so when you.are looking for an exclusion um.definitely speak with an attorney or.someone at the county recorders office.regarding you know what is an exclusion.because there are potential ways to not.have James 50% interest increased and.same with if she were to sell it to.Wendy her sister we can do some research.to see what we can do regarding.reassessment of that 50% interest okay.so question number two is is it common.for a lender to object to buyer holding.titles sta C with an uneven split what.would it work around for that being okay.is it common for a lender to object to.providing a loan to two buyers and T I.see with an uneven split I have not seen.that myself.usually the lender just cares about is.the prop one do you qualify for the loan.- can I secure it by a property three.are all parties you I mean they're on.the loan or that's named on the property.like are they aware of them and who its.apologies.who is a loan attached to and how is it.attached to the property so Jane and.Wendy they purchased the property and.they got along together.Jane owns the property 40 percent Wendy.and the property um sixty percent does.the lender care it kind of depends.there's no one correct answer because it.all depends on the bank that you're.using but the bank might not care you.just are taking a loan both Jane and.Wendy are on the loan the loan is.secured by the property and that's all.that really matters and that's that.that's how there are instances in which.a property is held by the child but the.child when the two parents are on the.loan and that's okay with certain banks.because all the banks care about is can.we attach this to something that if they.stop payment we can foreclose on so it's.not a clear yes it's not a clear no it's.just it depends because it's for each.and every bank that you go to your.credit and how you plan on doing it but.I have not seen anything be a problem.okay.um question number three is.well quiet title help reacquire the.property when the trustee signed over.the house to beneficiary before the.beneficiary compensated the trust so I.am a bit confused on that question.mainly because are you talking about a.deed of trust and that's the trustee or.beneficiary are you talking about like a.family trust like the Harry and Wendy.Smith family trust quiet title is used.when you are trying to you know assert.an interest or state that somebody else.has attempted to take your interest in.you or reestablishing no court please.tell the world that I am the 100% owner.of this property or 50% owner so with.how the question is worded with regards.to trustee and/or beneficiary I am a bit.confused by that so whoever asked that.question if you do you want to send me a.follow-up email clarifying on we can.talk about that and I can again answer.it in the next webinar but unfortunately.I I'm not really sure okay actually I.got a response saying that it's a family.trust okay so if an owner is taken off.attendance a common property oh sorry.reading wrong one with quiet title help.reacquire the property when the trustee.signed over the house to the beneficiary.for the beneficiary compensated trust.okay so usually in trust matters the.beneficiary isn't compensating the trust.so harrying when you Smith family trust.they have their kids they named one kid.a successor trustee when both of them.died they have died.the trust now owns X amount whether that.includes three properties one property.money cars whatever jewelry the trust.then own site and it's the successor.trustees duty to distribute the trust.proceeds Jimi distressed assets in.accordance with the terms of the trust.so if the terms of trust said you know.child one gets the house then C then the.successor trustee needs to distribute.the trust in that manner and provide the.beneficiary with the house that's.following the terms of trust if you.believe the trust the successor trustee.is not acting in accordance with the.trust or as violating their duties.established under the probate code then.what I would do is speak with a trust.attorney specifically who does trust.litigation so that there where because.they're the ones who have brought.petitions to remove trustees or to you.know get more information from the.trustee regarding their duties that they.need to abide by that's not only part of.the trust document but is under the.probate code and so quiet title might be.a method in which to reverse a matter.but if the trustee was acting in.accordance with the trust document by.distributing the property to the.beneficiary then they were doing what.they were supposed to so that argument.might not work and so if anything I.would speak with a trust with it trusted.attorney who specializes in litigation.regarding the specific facts that you.have to see if quiet title is the right.is the right message to resolve the.matter or if it's better to.bring an action to remove the trustee.okay so it seems like that is everything.that we have now so I'm actually going.to sign off I hope everyone learned a.little bit something or enjoyed the.webinar and again the next webinar is.going to be about community property so.if you have any questions please feel.free to email me and I will forward them.to our marketing director Clayton so.that we can you know start moving.forward with our next webinar and.preparing and seeing if we can get those.specific matters addressed ok have a.great Tuesday everybody thanks.

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Once you try the program, you will in an instant become one of the a large number number of satisfied clients who are enjoying the good of e-signing their documents right from their Gmail account.

How to create an e-signature for the Oregon Warranty Deed For Husband And Wife Converting Property From Tenants In Common To Joint Tenancy Form straight from your smartphone?

Smartphones and tablets are so evolved at this time, that you can put to use them for anything what you can do on your laptop and PC. That's why more and more people are completing your job duty from these mobile devices, saving even more time.

It's also a huge benefit remote working. As long as your internet connection is stable, you can conduct your business wherever.

When you need to sign a Oregon Warranty Deed For Husband And Wife Converting Property From Tenants In Common To Joint Tenancy Form, and you're outside of the office, the CocoSign web application is the answer. Signing and sending a legally binding document will take seconds. Here is what you need to do to sign a document on your mobile:

  1. Use your browser to go to CocoSign and log in. If you don't already have an account, you need to register.
  2. Locate the document that needs to be signed on the device and choose it.
  3. Open the document and go to the page to draw your initial.
  4. Pick on 'My Signature'.
  5. Customize your customized signature, then include it on the page.
  6. Once you have done, check the document once again, pick 'Done'.

All these guides won't take long time, and once the document is signed, you decide the next step. You can either download it to the device or share it in an email or using a link.

A significant good thing of CocoSign is that it's appropriate with any mobile device, regardless of the operating system. It's the ideal selection, and it makes life easier, it's secure.

How to create an e-signature for the Oregon Warranty Deed For Husband And Wife Converting Property From Tenants In Common To Joint Tenancy Form on iOS?

Creating an electronic signature on a iPod Touch is not at all complicated. You can sign the Oregon Warranty Deed For Husband And Wife Converting Property From Tenants In Common To Joint Tenancy Form on your iPhone or iPad, using a PDF file. You will locate the application CocoSign has created especially for iOS users. Just go to try CocoSign.

These are the points you need to sign the form right from your iPhone or iPad:

  1. Insert the CocoSign app on your iOS device.
  2. Work with your email to put an account, or sign in with Google or Facebook.
  3. Locate the PDF that needs to be signed on the device with iOS system or pull it from the cloud.
  4. Locate the part where you want to include the signature; pick 'Insert initials' and 'Insert signature'.
  5. Type your initials or signature, place them correctly, and save changes to the document.

After signing, the document is ready for the next step. You can download it to your iPhone and share it. As long as you have a great internet connection, you can sign and send documents in an instant.

How to create an electronic signature for the Oregon Warranty Deed For Husband And Wife Converting Property From Tenants In Common To Joint Tenancy Form on Android?

iOS has many of users, there's no doubt of that, but most mobile phone users have an Android operating system. To meet the needs, CocoSign has developed the program, especially for Android users.

You can gather the app on Play Market, install it, and you could start signing documents. These are the guides to sign a form on your Android device:

  1. If you already have a CocoSign account, sign in. If you don't have one yet, you can sign in using Google or Facebook.
  2. Pick on '+' to choose the document you want to sign, from cloud storage or using your camera.
  3. Locate the part where the signature must be placed and then use the popup window to type your signature.
  4. Include it on the page, confirm, and save the changes.
  5. The final step is to fax the signed document.

To send the signed form, just attach it to an email, and it will reach your receiver in an instant. CocoSign is the best way to sign lots of files every day, all at a cheap cost. It's time to forget all about signing document face-to-face and keep it all electronic.

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