Joint Tenancy

Joint tenancy occurs most commonly when property is left to individuals in a will. Because of complexity in property laws and laws regarding wills, joint tenancy must be explicitly chosen over other forms of joint property ownership such as tenancy in common. Joint tenancy has four major distinguishing factors. First, each share of the property is exactly equal to every other. Second, these shares will stay as such until one owner dies or sells their share. Third, all shares of the property are held under one title. Fourth, the right of survivor ship warrants that when one owner dies, their share is divided equally to the remaining owners.

Fast Facts

  • If all owners chose to sell the property, the profit must be distributed equally.
  • When one sells their share of the property, the new owner holds the property under the laws of tenancy in common rather than joint tenancy.

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