Estate Joint Tenancy

There are three common ways to title property between spouses. The 'joint tenant' approach is the least common and usually must include the language 'with right of survivorship and not as tenants in common. ' Spouses typically acquire title as tenants by the entireties, which only applies to spouses.

The term joint tenancy refers to a legal arrangement in which two or more people own a property together, each with equal rights and obligations. Joint tenancies can be created by married and non-married couples, friends, relatives, and business associates.

As joint tenants (sometimes called 'beneficial joint tenants'): you have equal rights to the whole property. the property automatically goes to the other owners if you die. you cannot pass on your ownership of the property in your will.

Both tenancy in common and joint tenancy are still recognized in Minnesota. However, tenancy by the entirety is no longer authorized in Minnesota.

For example, joint tenants must all take title simultaneously from the same deed while tenants in common can come into ownership at different times. Another difference is that joint tenants all own equal shares of the property, proportionate to the number of joint tenants involved.

Danger #1: Only delays probate. Danger #2: Probate when both owners die together. Danger #3: Unintentional disinheriting. Danger #4: Gift taxes. Danger #5: Loss of income tax benefits. Danger #6: Right to sell or encumber. Danger #7: Financial problems.

For example, joint tenants must all take title simultaneously from the same deed while tenants in common can come into ownership at different times. Another difference is that joint tenants all own equal shares of the property, proportionate to the number of joint tenants involved.

In estate law, joint tenancy is a special form of ownership by two or more persons of the same property. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided right to keep or dispose of the property. Joint tenancy creates a Right of Survivorship.

' Spouses typically acquire title as tenants by the entireties, which only applies to spouses. Sometimes you will see a couple who acquired the property before marriage. In some states, a premarital joint tenancy automatically becomes tenants by the entireties upon marriage.