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For example, if A and B own a house as tenants in common, and A owns 1/3 of the house and B owns 2/3, they both have the right to occupy the entire property. Further, if B sells his 2/3 share of the home to C, A still retains his 1/3 share in the house.
The California Revenue and Tax Code exempts the transfer of a principal residence from reassessment if the transfer occurs upon the death of one of the joint owners. This exemption applies to all forms of co-ownership, including tenancy in common and joint tenancy with right of survivorship.
Joint tenants own equal shares in the property and received their interest at the same time, with the same deed. Tenants in common do not necessarily own equal shares of the property and may have come to own their shares at different times.
Four conditions that are required in order for there to be a formation of a joint tenancy. The four unities are: time, title, interest and possession.
Upon the death of one joint tenant, the title automatically passes to the survivor. Title insurance companies will require some formal procedure before recognizing the new owner.
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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.
This article, based on California law, dis- cusses several joint tenancy traps for the unwary. The most widely known aspect of joint tenancy is the right of survivorship. This means that when one co-owner dies, his or her interest in an asset held in joint tenancy passes to the surviving co-owner without probate.
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.
In California, the majority of married couples hold their real estate property as joint tenants with right of survivorship. Joint tenancy creates a right of survivorship, so upon the death of one party, his or her share will pass on to the remaining joint tenant(s).
The most recognized form for a married couple is to own their home as Tenants by the Entirety. A tenancy by the entirety is ownership in real estate under the fictional assumption that a husband and wife are considered one person for legal purposes. This method of ownership conveys the property to them as one person.

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