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Commonly Asked Questions about Individual to Joint Tenancy

A joint tenancy creates a right of survivorship, which means that if one party dies, their interest is automatically transferred to the surviving tenant(s). Joint tenancy is different from a tenancy in common, where a deceased tenants share is passed on to their heirs.
Problems With Joint Ownership By jointly owning property, you may find yourself party to a lawsuit if your co-owner is sued or the asset could be lost to a creditor of your co-owner. If your co-owner becomes incapacitated, you could find yourself owning the property with the co-owners guardian or the courts.
If a co-owner has outstanding debts, their creditors could seize an interest in your home or bank account. Relationship Issues. Holding an asset jointly can complicate a divorce or other relationship problems. If you have a jointly held bank account, your co-owner could withdraw all of the money without your consent.
The biggest difference between tenancy in common and joint tenancy is survivors rights. A co-owner with survivors rights is able to pass their share of the property to their heirs as a part of their will and estate planning.
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.
When you co-own a property as joint tenants, each co-owner owns the whole of the property and neither owner has a specific or identifiable share. If you sell the property, you are each entitled to half the sale proceeds regardless of how much you each contributed to the purchase price or to the mortgage repayments. Buying a Property | Joint Tenants and Tenants in Common Explained co-oplegalservices.co.uk joint-tenancy-ten co-oplegalservices.co.uk joint-tenancy-ten
What Happens When One of the Tenants in Common Dies? The ownership share of the deceased tenant is passed on to that tenants estate and handled ing to provisions in the deceased tenants will or other estate plan. Any surviving tenants would continue owning and occupying their shares of the property.