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Joint tenants with the right of survivorship are two or more people who own an equal interest in a property. When one person dies their interest passes automatically to the surviving joint tenant(s). In contrast, tenants in common can own unequal shares in a property and have no right of survivorship.
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.
The following applies to joint tenancy and to tenancy in common. Up to four people can be named as legal owners. If there are more than four owners then ownership is through the device of a trust. The additional owners (and there can be any number) can be named as beneficiaries of the resulting trust for sale.
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.
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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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.
In Illinois, holding title to a home in the form of tenancy by the entirety is a way for married couples to protect their homestead from creditors, and help ensure a smooth estate transition during a difficult time.
Tenants by the Entirety in Illinois is one of the best ways for a married couple to take title. It is only available to married couples and you can only have one property as tenants by the entirety.

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