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A quitclaim deed requires trust on the part of the person receiving the deed, because the person transferring it, also known as the grantor, isnt guaranteeing they actually own the property. With a quitclaim deed, when youre getting the property, youre only getting what the grantor actually owns.
What is a joint tenancy? Joint tenants are equally responsible for things like rent. You have a joint tenancy if: you and the other tenants all signed a single tenancy agreement. your tenancy agreement has other tenants names on it.
For this reason, Illinois law requires that co-owners of property make a decision about how the title of the property is held. In Illinois, a title can be held in three ways: tenancy by the entirety, tenants in common, or joint tenants with the right of survivorship.
What Is Joint Tenancy? Joint tenancy is a legal term for an arrangement that defines the ownership interests and rights among two or more co-owners of real property. In a joint tenancy, two or more people own property together, each with equal rights and responsibilities.
There is a specific statute in Illinois that deals with tenancy by the entirety ownership of real estate. There are certain rules to holding title to real estate as tenants by the entirety: Only two people may hold title to property as tenants by the entirety and they must be married to each other.
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Illinois recognizes homestead, meaning that the non-owner spouse is required to sign the deed selling, conveying, or encumbering any property considered a homestead. This is a form of ownership specifically created for spouses.
One issue with using a quitclaim deed in a divorce case is that Illinois has homestead rights. In Illinois, homestead rights mean that spouses who use the property as their primary residence cannot be removed from the deed unless theres a court order or if the spouse waives their homestead rights.
In Tenancy in Common, the ownership portion passes to the individuals estate at death. In Joint Tenancy, the title of the property passes to the surviving owner. Some states set Joint Tenancy as the default property ownership for married couples, while others use the Tenancy in Common model.
For example, lets say an unmarried couple purchases a house. At the time of purchase, they opt for joint tenancy. The deed to the property will name the two owners as joint tenants. Since each party has a claim to the property, they also share the benefits.
The Disadvantages of Joint Tenancy: Restricted Ownership. Unexpected Rigidity in Ownership. Unity of Title Rule: This complex rule requires that each joint tenant must own the same precise title since each owns an undivided interest.

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