Warranty Deed - Individual to Two Individuals as Joint Tenants with the Right of Survivorship - New Mexico 2025

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A joint tenancy in real property is one owned by two or more persons, each owning the whole and an equal undivided share, by a title created by a single devise or conveyance, when expressly declared in the will or conveyance to be a joint tenancy, or by conveyance from a sole owner to himself and others, or from
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).
Two common types of survivorship deeds are the quitclaim deed with right of survivorship and the warranty deed with right of survivorship.
Joint tenancy includes the right of survivorship; upon the death of one of the co-owners, his/her joint interest in the real property will pass automatically, by operation of law, to the surviving co-joint tenant. This transfer occurs irrespective of any Will, and probate of the deceaseds estate is avoided.
Yes. Generally, the right of survivorship will take precedence over a Last Will and Testament if the jointly-owned property is distributed wrongfully in someones estate plans. Therefore, you shouldnt list any property in your Will that you and another person(s) jointly own with the right of survivorship.
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