Colorado Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship

State:
Multi-State
Control #:
US-0179BG
Format:
Word; 
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Description

A joint tenancy or joint tenancy with right of survivorship is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. The deceased owner's interest in the property simply evaporates and cannot be inherited by his or her heirs. Under this type of ownership, the last owner living owns all the property, and on his or her death the property will form part of their estate. Unlike a tenancy in common, where co-owners may have unequal interests in a property, joint co-owners have an equal share in the property.
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  • Preview Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship
  • Preview Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship
  • Preview Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship
  • Preview Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship
  • Preview Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship

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FAQ

Setting up joint tenancy with the right of survivorship involves drafting a deed that clearly states your intention to hold the property in this manner. You can either consult a legal professional or use services like USLegalForms, which provide templates and guidance specific to Colorado law. Once the deed is prepared, both parties must sign it, and the document needs to be recorded with the appropriate county office. This process ensures your ownership is legally recognized and provides peace of mind for both individuals.

To create joint tenancy with rights of survivorship in Colorado, you need a legal document, often referred to as a deed, that explicitly states this form of ownership. Both parties must be named as owners, and the deed should clearly indicate the intent to establish joint tenancy with rights of survivorship. It's advisable to consult with a legal professional who can ensure the document meets all requirements and protects your interests. This process reinforces your commitment as a couple in managing the property together.

You don't have to be married to someone to buy a house together; however, some important factors should be considered before signing the papers. Both parties must have qualifying credit scores and income to be approved for the mortgage loan.

Yes. You can find a lender that will allow you to apply for a home loan with your partner. However, you'll run into different challenges than married couples based on the current legal framework. Take the time to determine whether you and your partner should apply for a loan together.

To truly protect yourself legally, you can put together a cohabitation agreement, which is sort of like a prenup. "Cohabitation agreements usually include how property will be divided in the event of a separation," said attorney David Reischer, CEO of LegalAdvice.com.

Because mortgage lenders treat married couples as a single entity, these couples can qualify for sizeable loans with good terms and rates as long as one partner has a good credit history. However, lenders treat unmarried couples as individual home buyers.

Unmarried Couples Property Rights in Colorado As Tenants in Common, you and your partner will each own a share of the house. This is usually split in half: you own 50% of the house and your partner owns the other 50%. However, each person does not need to own an equal share.

Colorado law does not recognize tenancy by the entirety. Property in Colorado can only be owned be- tween two or more individuals in joint tenancy or as tenants in common.

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Colorado Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship