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The marriage requirement is the primary distinction between TBE and joint tenancy. The people holding TBE must be married or, in some states, in a domestic partnership. Those holding a joint tenancy can be two or more people, related or not.
Joint Tenants in Arkansas In particular, joint tenancies with right of survivorship involve all parties having equal ownership, and the right to assume another owner's interest in the event the other owner dies.
If multiple people hold title under tenancy in common, this means that each individual can choose to sell their ownership interests in the property at any time. Unlike with joint tenancy, a tenancy in common agreement allows for multiple owners to own different percentages of the entire property.
The Heir Property Act balances the rights of family members who want to retain their land with the rights of family members who want to sell.
In a nutshell, joint tenancy is a real estate legal status where two or more tenants jointly have the right of survivorship. More specifically, both parties involved in the deal co-own the property in question. If one of the parties passes away, the remaining party inherits the half previously owned by the deceased.
Joint tenancy On the death of one of the owners, there's a right of survivorship in the interest of the other owner. The interest of the deceased owner doesn't pass through their estate and, therefore, isn't distributed through their will.
On the death of one of the joint tenants, the interest of the deceased passes automatically to the surviving joint owners, not to the heirs of the deceased or the persons named in his or her will. The right of survivorship continues until the sole survivor of the joint tenants owns the entire interest in the property.