What is the step-by-step procedure for changing the title of my California property from "Joint Tenancy" to "Tenants in Common"?

To change your California property title from "Joint Tenancy" to "Tenants in Common," one joint tenant must unilaterally sever the joint tenancy by executing and recording a new deed. This process eliminates the right of survivorship associated with joint tenancy. Here is the step-by-step procedure: Step 1: Draft a New Deed You must prepare a new deed to transfer your interest. A "Grant Deed" is most common. You will act as the "Grantor" (the one transferring) and also the "Grantee" (the one receiving). The deed must include a clear statement severing the joint tenancy, such as "This conveyance severs the joint tenancy in the property previously held by [Your Name] and [Other Joint Tenant's Name]." You must also include the property's full legal description, which you can copy exactly from your current deed. Step 2: Sign the Deed Before a Notary You must sign the new deed in the presence of a California notary public. The notary will verify your identity and notarize your signature, which is required for the document to be legally recordable. Step 3: Prepare a Preliminary Change of Ownership Report (PCOR) When you record a deed in California, you must also file a PCOR form (BOE-502-A) with the County Recorder. This form gives the County Assessor information about the transfer for property tax purposes. You can usually download this form from your county's Assessor-Recorder website. Step 4: Record the Deed and PCOR Take the original, notarized deed and the completed PCOR to the County Recorder's Office in the county where your property is located. You will pay a recording fee. Under California law, the deed must be recorded before the death of the severing joint tenant to be effective. Step 5: Serve Notice on the Other Joint Tenants After the deed is recorded, you are required by law to serve a copy of the recorded deed on the other joint tenant(s). Sending the copy via certified mail with a return receipt is a common way to prove you have met this requirement. Important Considerations: The primary effect of this change is eliminating the "right of survivorship." Your property share will no longer automatically go to the other owners upon your death. Instead, it will pass to your heirs according to your will or trust. This type of transfer generally does not trigger a property tax reassessment. Warnings and Limitations: This process is a significant legal action with permanent consequences for your estate plan. Any errors in the deed's legal description or language can render it invalid. Once recorded, the severance cannot be easily reversed. This is general information and does not constitute legal advice. For complex situations, or to ensure the documents are prepared correctly to protect your interests, consult with a qualified California attorney.