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Normally when property is purchased jointly there is a survivorship clause, meaning that on the death of one of the joint owners, their share in the property automatically passes to the survivor(s).
Notwithstanding the presumptions above, Michigan law also permits the creation of a joint tenancy. There are two basic forms of joint tenancy: (i) a joint tenancy; and (ii) a joint tenancy with a full right of survivorship.
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.
As joint tenants, each person owns the whole of the property with the other. If one co-owner dies, their interest in the property automatically passes to the surviving co-owner(s), whether or not they have a will. As tenants in common, co-owners own specific shares of the property.
Sometimes people think if only one spouses name is on a property deed, the other spouse does not own the property or have any right to it. This is not true. Real estate is marital property if it was purchased or paid for during your marriage. It doesnt matter whose name is on the deed.
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It is generally not included in the estate of a decedent. Examples of jointly owned personal property are if you and another person are both listed on the title of a car or if you have a joint bank account. If the other person dies, you automatically have full ownership of that property.
In Michigan, joint owners of property may file a lawsuit to partition the property. A partition lawsuit forces the court to divide the property, or sell the property and divide the sale proceeds between owners. Any joint tenant or tenant in common may sue for partition of the property.
Quitclaim deeds transfer only the part of the property the grantor actually owns, so if the grantor owns one-fourth of the property, thats all he can transfer to the grantee. If youre the grantee, be mindful that quitclaim deeds can be risky if you dont know or trust the grantor or know the propertys history.

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