Joint Tenants With Right Of Survivorship Vs Tenants In Common In Fairfax

State:
Multi-State
County:
Fairfax
Control #:
US-00414BG
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Word; 
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Description

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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Any persons may own real or personal property as joint tenants with or without a right of survivorship. Joint tenancy includes the common law right of survivorship, provided it is set out in the deed.In Joint Tenancy in Virginia, all owners must control equal shares of the property. Under a joint tenancy with rights to survivorship, upon the death of the first owner, it automatically passes to the surviving owner. The choices will primarily be between taking ownership as tenants in common or as joint tenants with the right of survivorship. A joint tenancy without right of survivorship is effectively the same as a tenancy in common, except that the joint tenants' interests are equal. Joint tenants with the right of survivorship (JTWROS) is a legal structure where two or more parties share ownership of a financial account or another asset. Each person has an equal right to possess the entire property, but tenants in common do not have the rights of survivorship that are present in a joint tenancy. However, tenants in common do not have the rights of survivorship that exists in a joint tenancy. Property held in joint tenancy passes automatically to the surviving joint tenant (or tenants) when a joint tenant dies.

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Joint Tenants With Right Of Survivorship Vs Tenants In Common In Fairfax