CALIFORNIA FAMILY LAW
...Community Property Issues
......Joint Tenancy
5 Cards On This Topic:
  • Withdrawal of funds by one joint tenant from joint bank account with right of survivorship eliminates survivorship rights to the funds withdrawn to the extent of the withdrawing party's net contributiion to the account.
  • Joint tenancy bank accounts can be unilaterally severed. Rule to be applied retroactively with express exceptions.
  • Joint tenancy may not be created verbally. Safe deposit box co-renter's agreement insufficient.
  • A party bound by an ATRO who is severing a joint tenancy and eliminating the right of survivorship must comply with CC §683.2(c) and the notice provision of FC §2040(b)(3), but requirements may be satisfied in any order.
  • Joint tenancy real property.