Joint Tenancy Definition With Death In Fairfax

State:
Multi-State
County:
Fairfax
Control #:
US-00414BG
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Word; 
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Co ownership of real property can be in the following forms:



" Tenancy in common, in which the interest of each owner may be transferred or inherited;


" Joint tenancy, in which the tenants each have a right of survivorship;


" Tenants by the entirety, in which a husband and wife own property and have a right of survivorship; or


" Community property, which applies in some States to property acquired during the period of a marriage.


The phrase joint tenancy refers to a method of ownership by which one person mutually holds legal title to property with other persons in such a way that when one of the joint owners dies his share automatically passes to the surviving joint owners by operation of law.


Traditionally, when two or more people own real property together, they hold it as tenants in common. Owning real property as joint tenants with full rights of survivorship has, in the past, been usually been limited to married couples or other close kinship. However, there is no reason that single unmarried people cannot own property in a joint tenancy arrangement.

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Call for complete instructions. It is an undivided interest in the property.A joint tenancy creates a right of survivorship, which means that if one party dies, their interest is automatically transferred to the surviving tenant(s). Joint Tenants: Joint tenants hold equal interests in a property that they obtain at the same time and through the same instrument. If the title was simply held as joint tenants without the right of survivorship, then the deceased's ownership may be passed to their heirs. Joint tenancy includes the common law right of survivorship, provided it is set out in the deed. This means the joint tenant's portion of the property will transfer in equal part to the other owners without the need to go through probate. In a tenancy in common—another form of co-ownership—a deceased co-owner's interest isn't automatically transferred to the other co-owners.

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Joint Tenancy Definition With Death In Fairfax