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Tenancy in Common

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Trenk v. Soheili (2020)

Under Family Code 1102(a), both spouses must sign a deed of trust that encumbers real estate held as community property.  If one spouse does not sign the deed of trust, that spouse can invalidate the deed of trust.  Here, the property was deeded to the spouses as joint tenants, but under Family Code 760 property acquired during marriage is presumed… Read More

Summers v. Superior Court

by Jan T. Chilton |

An interlocutory judgment in a partition action was reversed because it directed the sale of the property but did not determine the each party’s percentage ownership in the property. Read More