Agreement to Partition Community Property (Creating Joint Tenancy with Right of Survivorship)
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FAQ
This is known as 'Severing the Joint Tenancy'. It requires service of a written notice of change the 'severance'. It can be done without the other owner's cooperation or agreement. It is recorded at the Land Registry, and the other owner will know it has been done but only 'after the event' so to speak.
Tenants in common and joint tenants can petition a court to partition the property. This means that the court is being asked to divide the property into different lots or sections. There are two general types of partitions.
The General Rule. In the great majority of states, if you and the other owners call yourselves "joint tenants with the right of survivorship," or put the abbreviation "JT WROS" after your names on the title document, you create a joint tenancy. A car salesman or bank staffer may assure you that other words are enough.
Unity of time. Unity of title. Unity of interest. Unity of possession.
Property held in joint tenancy, tenancy by the entirety, or community property with right of survivorship automatically passes to the survivor when one of the original owners dies. Real estate, bank accounts, vehicles, and investments can all pass this way. No probate is necessary to transfer ownership of the property.
This is true even if the decedent created a will and bequeathed their interest in the property to someone else. This is known as the right of survivorship.The decedent's portion of the property receives a step-up in basis as of the date of their passing.
Joint Tenancy With Survivorship In this arrangement, tenants have an equal right to the account's assets. They are also afforded survivorship rights in the event of the death of another account holder. In simple terms, it means that when one partner or spouse dies, the other receives all of the money or property.