Palm Beach Florida Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants

State:
Multi-State
County:
Palm Beach
Control #:
US-00414BG
Format:
Word; 
Rich Text
Instant download

Description

Co ownership of real property can be in the following forms:



" Tenancy in common, in which the interest of each owner may be transferred or inherited;


" Joint tenancy, in which the tenants each have a right of survivorship;


" Tenants by the entirety, in which a husband and wife own property and have a right of survivorship; or


" Community property, which applies in some States to property acquired during the period of a marriage.


The phrase joint tenancy refers to a method of ownership by which one person mutually holds legal title to property with other persons in such a way that when one of the joint owners dies his share automatically passes to the surviving joint owners by operation of law.


Traditionally, when two or more people own real property together, they hold it as tenants in common. Owning real property as joint tenants with full rights of survivorship has, in the past, been usually been limited to married couples or other close kinship. However, there is no reason that single unmarried people cannot own property in a joint tenancy arrangement.

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FAQ

Joint Tenancy FloridaA joint tenancy in Florida has all the features of the tenancy in common except that all the joint tenants must have the same equal percentage of interest in the real property. The joint tenancy also does not avoid Florida probate.

Joint tenancy is a legal term for an arrangement that defines the ownership interests and rights among two or more co-owners of real property. In a joint tenancy, two or more people own property together, each with equal rights and responsibilities.

In Florida, tenants in common is the default form of concurrent ownership. Unless a deed expressly says that two or more owners are joint tenants with rights of survivorship or tenants by the entireties, multiple owners of the same piece of property are considered tenants in common by default.

There are disadvantages, primarily tax disadvantages, to either type of joint tenancy for estate planning. You might incur gift taxes when creating joint title to property. If the other owner is your spouse, there is no problem because unlimited tax free gifts can be made between spouses.

Banks, realtors, title companies, etc., correspondingly, all recognize Florida real estate held as joint tenants with right of survivorship as being the sole property of the surviving tenant when one of the owners passes away.

If the wife's name is not on the deed, it doesn't matter. It's still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.

In Florida, a joint account owned by a married couple is presumed to be held as tenants by entireties. It is immune from collection of a judgment against either spouse individually. But some states do not recognize or exempt tenants by entireties assets.

When buying a property together, unmarried couples have a choice over whether to register with the land registry as joint tenants or as tenants in common. In short, under joint tenancy, both partners jointly own the whole property, while with tenants-in-common each own a specified share.

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Palm Beach Florida Agreement by Unmarried Individuals to Purchase and Hold Residence as Joint Tenants