How can I change a deed from joint tenants to tenants in common?

Full question:

I hold a Quit Claim Mineral Deed as the Successor Trustee of the Revocable Trust of my deceased mother. It grants to myself and my sister each an undivided one-half of Grantor's interest in the minerals of a described property in Garvin County, Oklahoma. The problem is that the mineral deed has us as joint tenants, not tenants in common, so that the whole estate vests in the survivor, instead of our individual heirs. We would like to correct this Mineral Deed to change that situation so that if either one of us dies, our heirs get our one-half interest, not the brother or sister who survives. Can you prepare the document necessary as it does not seem to be one of the forms available? We could fax the Quit Claim Mineral Deed to you if you can prepare the form.

• Category: Real Property
• Subcategory: Deeds
• Date: 04/07/2025
• State: Oklahoma

Answer:

Typically, you cannot use a corrective deed to effectively change something material to the original deed. Material elements, such as how the grantees receive title, need to be changed through the use of a new deed.

As you know, tenants in common hold title to real or personal property so that each has an "undivided interest" in the property and all have an equal right to use the property. Tenants in common each own a portion of the property, which may be unequal, but have the right to possess the entire property. There is no "right of survivorship" if one of the tenants in common dies, and each interest may be separately sold, mortgaged or willed to another. A tenancy in common interest is distinguished from a joint tenancy interest, which passes automatically to the survivor. Upon the death of a tenant in common there must be a court supervised administration of the estate of the deceased to transfer the interest in the tenancy in common.