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Commonly Asked Questions about Married Couples Property Forms

Joint tenancy is a form of co-ownership in which two or more persons, often husband and wife, own property in equal individual interests.
Community property Community property: What you own or owe together during your marriage.
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.
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.
Cons of Tenancy by the Entirety Requires consent from both parties: Because each spouse has an equal stake in the property, they must agree to any decisions made about the home. Property eventually goes through probate: After the surviving spouse dies, the property will go through the probate process.
Joint tenants (JT), or joint tenants with rights of survivorship (JTWROS), are the forms of ownership most commonly used by married couples. In general this means that both parties own 100% of the property and there is no divided interest as there is with TIC.
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.