Virginia Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship

State:
Multi-State
Control #:
US-0179BG
Format:
Word; 
Rich Text
Instant download

Description

A joint tenancy or joint tenancy with right of survivorship is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. The deceased owner's interest in the property simply evaporates and cannot be inherited by his or her heirs. Under this type of ownership, the last owner living owns all the property, and on his or her death the property will form part of their estate. Unlike a tenancy in common, where co-owners may have unequal interests in a property, joint co-owners have an equal share in the property.
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  • Preview Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship
  • Preview Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship
  • Preview Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship
  • Preview Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship
  • Preview Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship

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FAQ

One choice is as "joint tenants with rights of survivorship," meaning that when one of you dies, the other automatically inherits the whole house.

A "common law marriage" is one in which the parties may hold themselves out as a husband and wife, and under certain circumstances, be deemed married without a marriage license or ceremony.

Yes. You can find a lender that will allow you to apply for a home loan with your partner. However, you'll run into different challenges than married couples based on the current legal framework. Take the time to determine whether you and your partner should apply for a loan together.

To truly protect yourself legally, you can put together a cohabitation agreement, which is sort of like a prenup. "Cohabitation agreements usually include how property will be divided in the event of a separation," said attorney David Reischer, CEO of LegalAdvice.com.

In Virginia, each owner, called a joint tenant, must own an equal share. Tenancy by the entirety. This form of joint ownership is like joint tenancy, but it is allowed only for married couples in Virginia.

Generally, unmarried cohabitants do not enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships.

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Virginia Agreement between Unmarried Individuals to Purchase and Hold Residence as Joint Tenants with Right of Survivorship