Connecticut General Warranty Deed (To Joint Tenants with Right of Survivorship)
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FAQ
Tenancy in common provides no right of survivorship In "tenancy in common", two or more persons are entitled to the possession and use of the same property but do not automatically inherit the co-owner's interest.
Tenancy In Common Versus Joint Tenancy This means that if you were to pass away, your shares of the property would automatically be transferred to the other party or parties. On the other hand, if you've agreed to a tenancy in common arrangement, you can choose to give your shares to an heir upon your death.
In Connecticut, the right of survivorship comes when you own property in joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary.
The Deed and conveyance tax form needs to be brought to the Town Clerk for recording, in the town in which the property is located. There is a recording fee that the Town Clerk will charge for recording.
The difference between a joint tenancy and tenancy in common is significant. Under a joint tenancy with rights to survivorship, upon the death of the first owner, it automatically passes to the surviving owner. In a tenancy in common situation, you each own 50% of the property.
There are two types of tenancies that possess the right of survivorship: joint tenancy and tenancy by the entirety.
Transfer-On-Death Assets In some states, real estate can also be registered to transfer on death, but Connecticut law does not allow transfer-on-death deeds for real estate. To take advantage of this strategy, you must designate the beneficiary on the registration or title of the asset prior to death.
For spouses: Assets in JTWROS accounts may get a step-up on cost basis when either spouse passes away. This can help reduce capital gains taxes when selling a property, but you can only step-up half of the full value of the asset. This 50% step-up represents the portion owned by the joint owner who died.
