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Kansas Warranty Deed for Husband and Wife Converting Property from Tenants in Common to Joint Tenancy

State:
Kansas
Control #:
KS-SDEED-1
Format:
Word; 
Rich Text
Instant download

Description

This form is a Warranty Deed where the grantors are husband and wife holding title in property as tenants in common and convert the holding to joint tenants.
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FAQ

Change from joint tenants to tenants in common You can make this change without the other owners' agreement. A solicitor, conveyancer or legal executive can also make the application for you.

The term joint tenants in common (JTIC) refers to a legal relationship in which two or more people own a piece of property or another asset where no rights of survivorship are afforded to any of the account holders. If one owner dies, the surviving owner doesn't necessarily acquire the rights of the deceased owner.

In order to terminate a joint tenancy, one of the four unities must be destroyed. You may do this by conveying your joint tenancy interest to any third person. This can be done through gift or sale. Upon termination, a tenancy in common is formed between the third person and the remaining co-tenant(s).

It would be simple for us to say that you can simply record a new document putting both of you onto title to the home as joint tenants with rights of survivorship. Usually, when you make a simple change in the title from tenants in common to joint tenants, the taxing authorities will ignore that change.

You may agree with your other co-tenant(s) to sever it. If you cannot agree on how to divide the property, you may terminate your tenancy in common by seeking judicial partition of the property.

Change from tenants in common to joint tenantsYou need the agreement of all the other joint owners to change from being tenants in common to joint tenants. A solicitor, conveyancer or legal executive can also make the application for you.

Sole Ownership If a home is owned by only one person then it is not registered with the Land Registry as either Joint Tenants or Tenants in Common. It is registered as a Sole Owner, you can only be a joint tenant or tenant in common if there is more than one owner of the property.

With a Survivorship Deed in place, when one of the parties in a joint tenancy dies, the other party (or parties) takes over the deceased party's interest in the property instead of it passing to the deceased's heirs or beneficiaries.

A third way to terminate your tenancy in common is through ouster. Ouster is the wrongful dispossession or exclusion of a person entitled to possession of property.Ousting a co-tenant will terminate the tenancy in common.

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Kansas Warranty Deed for Husband and Wife Converting Property from Tenants in Common to Joint Tenancy