Indiana joint tenancy 2025

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Joint tenancy with right of survivorship: This form of co-ownership means that when one owner dies, their share automatically passes to the surviving owner(s). In Indiana, joint tenancy can help avoid probate for the property, as the transfer of ownership is immediate.
Joint Tenancy is sometimes referred to as Poor Mans Estate Planning because it happens automatically, without the need for any probate proceeding. Assets that you hold in joint tenancy cannot be left to someone else through a Will or Trust.
Generally, joint tenancy protects the interest of a non-debtor joint tenant. This means a creditor cannot seize their share of the property if another owner has debt. However, creditors may negotiate to settle liens or, in some cases, force the sale of the jointly-owned property to recover debts from a joint tenant.
To establish a JT when conveying land in Indiana, the conveyance of land must express that the grantees will hold the land in JT with a right of survivorship (JTWROS). This means that when a person wishes to create a JT, the deed must indicate JTWROS, otherwise it will be a tenancy in common.
Loss of Control When you enter a joint tenancy, you lose sole control over the property. Any decision regarding the property must be made jointly with the other owner(s).

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However, joint tenancy also has its disadvantages. Potential conflicts between co-owners can arise, especially if they have different ideas about how the property should be used or managed. Another disadvantage is the inability to designate separate shares of the property.
One of the biggest risks of joint ownership is that the other owners financial liabilities may affect you. If the joint owner has debts, files for bankruptcy, or is subject to a tax lien or judgment, creditors may pursue the jointly owned property.

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