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Commonly Asked Questions about Joint Tenant legal forms

Joint tenants is a common type of home ownership between spouses. Generally, this type of ownership does create a right of survivorship, meaning that when one of the parties dies, the other party assumes full ownership of the property. Joint tenants are usually required to obtain ownership at the same time.
Joint tenancy is most common among married couples because it helps property owners avoid probate. Without joint tenancy, a spouse would have to wait for their partners Last Will to go through a legal review processwhich can take months or even years.
Joint Ownership If you own the property in joint tenancy (also called joint tenancy with right of survivorship) or tenancy by the entirety, the property automatically belongs to the surviving spouse when one spouse diesno matter what the deceased spouses will says.
If one owner dies, the property automatically passes to the other owner(s). Property owned in joint tenancy does not form part of your estate (because of the right of survivorship). This means the property is not listed on an application for a grant of probate or administration.
One of the most commonly asked questions in marital property transactions is how title should be held between husband and wife. Traditionally, joint tenancy form was favored because of the ease of title transfer at death. However, as discussed below, title transfer at death can be as easy in community property form.
The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.
If you want out of the lease, you will need to mutually agree with your co-tenants to terminate your current lease. Whether or not they add a new tenant that you find for them or they find for themselves, it will need to be put on a new lease.
Tenancy by the Entirety vs. Moreover, while a tenancy by the entirety can only be terminated by mutual agreement or the death of a spouse, a joint tenancy can unilaterally be ended by either of the tenants. All they need to do is sell or transfer their share to another person, who then becomes a tenant in common.