Joint Tenants Definition In Law
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FAQ
Depending on the jurisdiction, the following phrases will create a joint tenancy: "As joint tenants" "As joint tenants with rights of survivorship" "As joint tenants with rights of survivorship and not as tenants in common" "As husband and wife" (unless otherwise stated).
The term "joint tenancy" refers to a legal arrangement in which two or more people own a property together, each with equal rights and obligations. Joint tenancies can be created by married and non-married couples, friends, relatives, and business associates.
In order to create a joint tenancy with rights of survivorship, the deed must clearly reflect the survivorship intention. If it does not, Jack and Jill will take title as set forth below. The preferred language is "Jack and Jill, as joint tenants with full rights of survivorship".
Joint tenancy is the most common joint ownership arrangement. Basically, it means that you and your spouse or common law partner both own an asset together, as if the two of you were one person. This means you both have equal rights over the asset, and equal obligations.
The four unities can be thought of as four requirements that need to exist simultaneously for a true joint tenancy estate to be created. Those four requirements are interest, time, title, and possession.