Co-tenancy or joint tenancy is a concept in property law that is used to describe the various ways that a piece of property can be owned by two or more people at the same time. A JTWROS is one version of co-tenancy that gives co-owners equal rights to the asset in addition to the right of survivorship.
Yes. Generally, the right of survivorship will take precedence over a Last Will and Testament if the jointly-owned property is distributed wrongfully in someone's estate plans. Therefore, you shouldn't list any property in your Will that you and another person(s) jointly own with the right of survivorship.
Outlining the rights and obligations of each party Agree on what rights and responsibilities each party will have. Ensure that each party understands and agrees to the duties and obligations assigned to them. Identify what each party is responsible for, including any financial contributions.
Joint Tenancy Definition Joint Tenants is a form of property ownership where two or more individuals own property together with equal rights. It is characterized by the “right of survivorship,” meaning when one owner passes away, their share of the property automatically transfers to the surviving owners.
A joint tenancy is a form of concurrent ownership where each co-tenant owns an undivided share of the property just as in a tenancy in common. The sole difference in practical law between the two types of tenancies is that joint tenants have rights of survivorship over the other tenant's share of the property.
There are two types of tenancies that possess the right of survivorship: joint tenancy and tenancy by the entirety.
Co-ownership might entail more complex legal agreements, specifically outlining each party's rights and responsibilities. Joint property ownership usually involves a simpler, more standardised agreement.
Also, because your shared home represents a major economic investment, you should hire a lawyer to help you prepare an agreement that meets your needs.
Perhaps the most common form of joint tenancy ownership is that of a married couple.
Draft a document for the parties to sign specifying the relationship between them, such as joint tenants in common, tenants in entirety, etc. Both parties must agree to the terms of the relationship, and sign the document to ensure that it is legally binding.