Warranty Deed for Husband and Wife Converting Property from Tenants in Common to Joint Tenancy - Indiana 2025

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Joint tenancy is a form of co-ownership where two or more individuals share equal ownership rights to a property. Each owner has an undivided interest in the property, and if one owner passes away, their share automatically transfers to the surviving owner(s).
In a joint tenancy arrangement, each owner has a right of survivorship with each of the other owners. This means that if one owner passes away, that owners property interest automatically passes equally to the surviving owners. When there is only one surviving owner left, they inherit full interest in the property.
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.
To sum up: Joint tenants must receive their property interest simultaneously and from the same source with an equal share and equal rights to possess the entire property. By contrast, tenants in common can receive their interest at different times and from disparate legal sources and dont have to possess equal shares.
Generally, joint tenancy protects the interest of a non-debtor joint tenant. This means a creditor cannot seize their share of the property if another owner has debt. However, creditors may negotiate to settle liens or, in some cases, force the sale of the jointly-owned property to recover debts from a joint tenant.
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Because joint tenancy provides the right of survivorship, it is sometimes referred to as joint tenancy with right of survivorship and abbreviated JTWROS. By contrast, there is no right of survivorship in a tenancy in common, which means property ownership doesnt automatically pass to the surviving owners.

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