Michigan Warranty Deed for Separate or Joint Property to Joint Tenancy
Description What Does A Deed Look Like In Michigan
How to fill out Michigan Warranty Deed For Separate Or Joint Property To Joint Tenancy?
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Joint Tenancy Deed Form Other Form Names
FAQ
What Is the Difference Between a Warranty Deed & a Survivorship Deed?A warranty deed is the most comprehensive and provides the most guarantees. Survivorship isn't so much a deed as a title. It's a way to co-own property where, upon the death of one owner, ownership automatically passes to the survivor.
If you're a joint tenant, you cannot leave your share to anyone other than the surviving joint tenants. So even if your will specifically leaves your half-interest in a joint tenancy house to someone else, it has no effect. The surviving joint tenant will automatically own the property after your death.
Ownership of real property can be held in equal or unequal shares among the property's co-owners. In a joint tenancy, there is equal ownership, but a tenancy in common arrangement can have ownership divided unequally.
Joint tenants usually share ownership of land, but the property may instead be money or other items. Four main features mark this type of ownership: (1) The joint tenants own an undivided interest in the property as a whole; each share is equal, and no one joint tenant can ever have a larger share.
For example, joint tenants must all take title simultaneously from the same deed while tenants in common can come into ownership at different times. Another difference is that joint tenants all own equal shares of the property, proportionate to the number of joint tenants involved.
Most jointly owned property is held as joint tenants but you should not assume this.As property held under a joint tenancy will automatically pass to the surviving joint owners it will not form part of the deceased's estate except for the purposes of calculating inheritance tax.
Tenants in common do not necessarily own equal shares of the property and may have come to own their shares at different times. Tenants in common do not have the right of survivorship or the right to the other owner(s) share(s) when they die.
The standard common law answer to this question was no. By definition, joint tenants must hold equal interests. If there are two of them, each must hold 50%, and so forth.
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.