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The legal owners hold the property (i.e. the equity) on trust for the beneficial owners under a property trust. If, for example, a couple buy a property together as joint tenants, they (as the legal owners) will hold the property on trust for themselves as the beneficial owners.
This new law allows clients to hold the property jointly in tenancy by the entirety and title each spouses share to his/her revocable trust.
If you wish to enter into a Declaration of Trust, the property needs to be held as tenants in common. If you hold a property as joint tenants and want to enter into a Declaration of Trust then the joint tenancy can be severed to enable you to do this.
Spouses typically acquire title as tenants by the entireties, which only applies to spouses. Sometimes you will see a couple who acquired the property before marriage. In some states, a pre-marital joint tenancy automatically becomes tenants by the entireties upon marriage.
Tenancy by the entirety in Illinois is a means of holding title that is exclusively available to married couples.
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In Illinois, land trusts have been around, in some form or another since 1868. From the first case recognizing the validity of these trust instruments in Kerr v. Kotz in 1920, Illinois Courts have upheld the entity as a legal manner of holding real estate.
Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together.
A warranty deed that transfers title to real estate from a grantor to a grantee. In Illinois, a warranty deed transfers title to the grantee with broad warranties and covenants of title and is the form of deed customarily used in residential real estate transactions.
You can only use a deed of trust to separate individual shares in property if you hold the property as tenants in common, although if held as joint tenants you can sever the joint tenancy and draft a deed of trust as tenants in common.
In general, joint assets are held in joint tenancy (with right of survivorship) or tenancy in common. A joint tenancy (with right of survivorship) is a form of ownership by 2 or more persons in which each person owns the whole asset. Real property held in joint tenancy is usually identified as such on the deed.

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