Delaware Agreement to Partition Community Property Creating Joint Tenancy with Right of Survivorship

State:
Multi-State
Control #:
US-OG-048
Format:
Word; 
Rich Text
Instant download

Description

In some community property states (notably Texas), it is now permissible for a husband and wife to partition community property to create different forms of ownership. This agreement, which contains words of grant, serves to partition community property interest and create a joint tenancy with right of survivorship as to each partys partitioned interest.

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FAQ

In Delaware, these forms of joint ownership are available: Joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary.

Depending on the jurisdiction, the following phrases will create a joint tenancy: "As joint tenants" "As joint tenants with rights of survivorship" "As joint tenants with rights of survivorship and not as tenants in common" "As husband and wife" (unless otherwise stated).

Because joint tenancy provides the right of survivorship, you may sometimes see it as ?joint tenancy with right of survivorship? and abbreviated JTWROS. In a tenancy in common, there is no right of survivorship. This means that property ownership does not automatically pass to the surviving owners.

In joint names with the right of survivorship. Upon the death of the first joint tenant, the surviving joint tenant (co-owner) receives the property.

In many ways, these two manners of holding title are actually very similar. Community property with rights of survivorship actually just essentially combines joint tenancy and community property into one form of holding title.

Disadvantages of joint tenants with right of survivorship JTWROS accounts involving real estate may require all owners to consent to selling the property. Frozen bank accounts. In some cases, the probate court can freeze bank accounts until the estate is settled.

One of the pitfalls of community property is something that is also one of its selling points ? all assets obtained during the marriage are owned 50/50. This can become a problem if one spouse dies and leaves their half of a property to someone other than their surviving spouse.

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Delaware Agreement to Partition Community Property Creating Joint Tenancy with Right of Survivorship