New York Deed Conveying Property held by Spouses as Tenants in Common to Husband and Wife as Community Property

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Description

Community property refers to the system in some states (e.g., Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) for dividing a married couple's property in a divorce or upon the death of one spouse. In this system, everything a husband and wife acquire once they are married is owned equally (fifty-fifty) by both of them, regardless of who provided the money to purchase the asset or whose name the asset is held in, with the exception of inheritances, specific gifts to one of the spouses, and property and profits clearly traceable to property owned before marriage, all of which is separate property. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Community property under California state law, such as real estate purchased during a marriage or domestic partnership, is a joint tenancy arrangement. Each of the owners shares equal interest in the property and are both named on the same deed.

Tenancy in common is used when property is held by two or more persons and, upon death, each owner's interest passes to his heirs or devisees. Joint tenancy with right of survivorship is used when property is held by two or more persons and, upon death, each owner's interest automatically passes to the other co-owners.

Tenants in Common Each owner is responsible for the payment of property taxes, liens, and repairs, but generally one owner pays the carrying costs of the property and is entitled to a contribution from the other owners in proportion to each owners undivided share.

Community property under California state law, such as real estate purchased during a marriage or domestic partnership, is a joint tenancy arrangement. Each of the owners shares equal interest in the property and are both named on the same deed.

An estate by entirety?also called tenancy by the entirety?is a type of property ownership unique to spouses. Under this form of ownership, if a married couple purchases property together, each has an equal, undivided interest in the joint property.

Tenancy by the entirety is so common in New York because it's the default way that married couples own real property. In fact, only married couples can own property in this capacity.

Joint tenancy is a form of co-ownership in which two or more persons, often husband and wife, own property in equal individual interests.

???????? Tenancy by the Entirety: Joint ownership of property by husband and wife, where neither party can transfer his or her interest in the property without the other?s consent.

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New York Deed Conveying Property held by Spouses as Tenants in Common to Husband and Wife as Community Property