Difference between revisions of "Joint tenancy"

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*Interest - each co-owner must own the same share of the property and with the same restrictions or conditions.
 
*Interest - each co-owner must own the same share of the property and with the same restrictions or conditions.
 
*Possession - each co-owner must have the same right to possess and use the entire property.
 
*Possession - each co-owner must have the same right to possess and use the entire property.
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If at any time one co-owner sells his/her interest apart from the other, the joint tenancy ends and converts to a [[tenancy in common]].
  
 
A [[tenancy by the entirety]] is a special form of joint tenancy between a husband and wife.
 
A [[tenancy by the entirety]] is a special form of joint tenancy between a husband and wife.

Revision as of 03:12, January 7, 2019

Joint tenancy is a form of legal co-ownership of property which typically includes a right to survivorship. With a right to survivorship, at the death of one co-owner the surviving co-owner becomes sole owner of the property. It is sometimes referred to as "joint tenancy with right of survivorship" or abbreviated JTWROS.

A joint tenancy is created where the co-owners share "four unities":

  • Time - the property must be acquired by the co-owners at the same time.
  • Title - each co-owner must acquire the property from the same document.
  • Interest - each co-owner must own the same share of the property and with the same restrictions or conditions.
  • Possession - each co-owner must have the same right to possess and use the entire property.

If at any time one co-owner sells his/her interest apart from the other, the joint tenancy ends and converts to a tenancy in common.

A tenancy by the entirety is a special form of joint tenancy between a husband and wife.