Georgia Agreement to Partition Community Property (Creating Joint Tenancy with Right of Survivorship)

State:
Multi-State
Control #:
US-OG-919
Format:
Word; 
Rich Text
Instant download

Description

In some community property states, it is not 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 party's partitioned interest.
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FAQ

Georgia joint tenancy has the benefit of being available to non-married parties and is not limited to two co-owners. Although Georgia does not recognize Tenancy by the Entirety, Georgia does recognize spousal rights to a decedent's estate through a separate mechanism called a Petition for Year's Support.

(3) A joint tenancy may be severed by either owner's ?recording of an instrument which results in his or her lifetime transfer of all or a part of his or her interest??(4) Typically, one joint tenant will execute a quitclaim deed of his interest in the property to a third party.

A property owner who creates a survivorship deed for an estate plan typically quitclaims the property to the owner and another person who the owner wants to ultimately own the property?such as the owner's spouse or child.

A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

Joint tenancy has what is called ?right of survivorship?, where, if one owner dies, the surviving owner takes all of the property, immediately upon the other owner's death. No court action is necessary for the surviving owner to take the property.

Unless the joint tenancy with the right of survivorship is otherwise disposed of in a final order of divorce or annulment, if either party to an instrument of title creating a joint tenancy with the right of survivorship files an affidavit in the real property records maintained by the clerk of superior court of the ...

Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together.

Under Georgia law, there are two types of joint ownership. The first, known as ?Joint Ownership with Rights of Survivorship? means that two or more parties have simultaneous ownership of a property. When one of those parties dies, their share of the property passes to the surviving owner(s).

Under Georgia law, there are two types of joint ownership. The first, known as ?Joint Ownership with Rights of Survivorship? means that two or more parties have simultaneous ownership of a property. When one of those parties dies, their share of the property passes to the surviving owner(s).

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Georgia Agreement to Partition Community Property (Creating Joint Tenancy with Right of Survivorship)