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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).
This requirement of the Florida constitution is referred to as joinder of spouse and simply means that the non-owner spouse must sign the deed or mortgage for it to be valid. Joinder of spouse is required even if the other spouse isnt a co-owner of the property and/or is no longer residing on the property.
Joint tenancy means equal ownership and equal responsibilities among co-owners. The right of survivorship allows a surviving tenant to inherit the property automatically after another tenants death. Joint tenancy differs from a tenancy in common, where a deceased tenants share goes to their heirs.
Joint tenancy differs from other forms of ownership, such as tenancy in common, in that it includes the right of survivorship. This means that upon the death of one joint tenant, their interest in the property automatically passes to the surviving joint tenants.
The Florida Supreme Court said that real and personal property owned jointly by a married couple is presumed to be owned as tenants by entireties unless the couple has expressly disclaimed entireties ownership.
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