Warranty Deed - Two Individuals to Two Individuals - Illinois 2025

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In Illinois, spouses have the option of owning property by the entirety, which functions like a joint tenancy in that the surviving spouse will immediately take ownership of the property on the death of the other spouse. Illinois recognizes joint tenancy with right of survivorship as a common form of joint ownership.
In most cases, if the property is jointly owned, all co-owners have a say in the decision to sell. However, there are legal mechanisms, such as a partition action, that can allow one owner to sell their share or interest in the property.
0:12 1:12 So its essential to understand the process and its consequences.MoreSo its essential to understand the process and its consequences.
Generally, if there are two names on the deed and the deed does not describe how the property is owned, the default is that it is owned as tenants in common if the co-owners are not spouses and tenancy by the entirety if they are.
Joint tenancy exists if two or more persons are joint and equal owners of the same undivided interest in real property.
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The property WILL be sold. The owner that doesnt want to sell could, however, ask the judge for permission to buy the other two out instead of selling to a third party (at the market rate). Usually, if one owner wants to and can afford to buy it (or can get a loan), the judge will allow it.
Tenancy in Common In order to sell or convey the entire property, all owners must join in the transfer. As tenants in common, the co-owners have the right to sell, gift, or transfer their interest in the property without the other owners permission.

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