Tenants In Common Vs Joint Tenants With Right Of Survivorship In Nevada

State:
Multi-State
Control #:
US-00414BG
Format:
Word; 
Rich Text
Instant download

Description

The Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants is a legal document designed for unmarried individuals purchasing real estate together in Nevada. This agreement establishes joint tenancy with right of survivorship, ensuring that upon the death of one tenant, the other inherits the deceased's share automatically, as opposed to tenants in common, where the share would pass to heirs. Key features include the division of expenses, creation of a joint checking account for managing property costs, and restrictions on selling or transferring interests in the property without the other party's consent. It's essential to outline a valuation process for the property and include provisions for disputes over unpaid expenses. This form is particularly useful for attorneys, partners, property owners, associates, paralegals, and legal assistants as it provides a clear framework for ensuring equitable ownership and financial responsibilities. Additionally, it serves to protect the interests of both parties, preventing unilateral decisions that could impact the partnership.
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  • Preview Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants
  • Preview Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants
  • Preview Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants

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FAQ

Joint tenancy is most common among married couples because it helps property owners avoid probate. Without joint tenancy, a spouse would have to wait for their partner's Last Will to go through a legal review process—which can take months or even years.

Joint tenants have a 100% stake in the property. Tenants in Common have a stake that is reflective of their share. For example, a tenant with a 60% share in the property only owns 60% of that property.

Further tenancy in common allows parties to hold unequal shares of property interest. Joint tenancy requires each co-owner to hold equal shares of property. Further, co-owners must transfer the deed at the same time. In this sense, joint tenancy is rigid compared to tenancy in common.

Tenants in common gives you more protections and you can specify in a deed of trust what you would want to happen in the event of relationship breakdown (eg if one of you has first dibs to buy the other out, or a time limit on doing so etc) which is definitely better to decide now whilst you still like each other!

Further tenancy in common allows parties to hold unequal shares of property interest. Joint tenancy requires each co-owner to hold equal shares of property. Further, co-owners must transfer the deed at the same time. In this sense, joint tenancy is rigid compared to tenancy in common.

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Tenants In Common Vs Joint Tenants With Right Of Survivorship In Nevada