Can joint tenancy deed be voided?

Can you break a joint tenancy deed with quitclaim deed?

Yes.Yes.Yes.Yes.

How do you apply for a court order to stop a co-owner from severing a joint tenancy?

Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.Under long standing common law principles a property owner under a deed that created a joint tenancy has the legal right to sever the joint tenancy. A court will not prohibit that right.

How do you sever a joint tenancy?

A joint tenancy between two people can be severed by either party executing a deed of their interest to another grantee. If they wish to retain their interest in the property but simply sever the tenancy, their grantee can immediately convey the property back and the new tenancy between the original owners will be a tenancy in common. That procedure is called a straw deed.

You on the deed but not the mortgage. When partner dies what happens You are on joint tenancy with him on the deed?

You own the land subject to the mortgage.

If you are not married and have joint tenancy how can you get out?

File a partition action. One of the joint tenants sign a quit deed.

Can joint tenancy be broken?

Yes a joint tenancy can be broken. You prepare and execute before a notary public a quitclaim deed to yourself. You record the quitclaim deed with the County Recorder in your county. You do not have to inform the other party or have a discussion before this happens.

Are Joint Tenants with a right of survivorship the same as Tenants In Common?

No they are different types of real property co-ownership. Tenancy in common is a type of co-ownership where two or more people ("tenants in common") own the property. It is the default tenancy in many jurisdictions when the tenancy is not stated in a deed with multiple grantees. Tenants in Common:Can own the property in equal or unequal sharesHave the right to the use and possession of the whole of the propertyPass on their share of the property to their heirs when they dieIn a joint tenancy the desire to create a joint tenancy with the right of survivorship must be so stated in the deed. The interest of any deceased joint tenant passes automatically to the surviving joint tenants. A joint tenancy is created only if the following four conditions, called the Four Unities, are met:Time- All the tenants acquired their interest at the same time.Title- All the tenants have the same title.Interest- All the tenants have an equal share.Possession- All tenants must have an equal right to possess the property.

What a joint tenancy warranty deed?

Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.Both deeds transfer the ownership of real estate to a new owner. However, they relate to different aspects of ownership.A warranty deed guarantees that the grantor will defend her title to the property if any title defects arise during the period of ownership of the grantee.A joint tenancy deed provides how the grantees will hold title. By virtue of a joint tenancy, the interest of a joint tenant who dies passes automatically to the surviving joint tenant with no need of probate.

How can you tell if your title is a joint tenants or tenants in common title?

The only way is to read the deed. It will specify how the title is written.For example, if it says "joint tenants", "jointly" or "tenants by the entirety", or "a married couple", it is joint title. Otherwise, if it simply lists two or more names then there is a presumption that they are are "tenants in common."Similarly, if title is passed by will, the specific words will determine if title is joint or common, as in "to my surviving children jointly with right of survivorship" or "to my surviving children."ClarificationIn some jurisdictions simply referring to the owners as a married couple will not create a joint tenancy with the right of survivorship. In those states, a tenancy in common is the default tenancy if the tenancy is not specifically created in the deed. Massachusetts is one example. In some states simply reciting joint tenants in a deed does not create a joint tenancy. The words, "with right of survivorship" must be stated clearly. You need to check your state laws regarding creation of a joint tenancy.

Does the term heirs and assigns in a deed mean it is a joint tenancy deed or a common tenancy deed?

Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.

If property purchased and deed was 'joint tenants with right of survivorship' doesn't property belong to spouse after the divorce then death of ex-spouse if neither party remarried?

As long as there were no changes made to the tenancy by deed the joint tenancy would remain intact and the title to the property would automatically pass to the survivor. The situation would be different if the property was held by a tenancy by the entirety.

Is Utah a tenants by the entirety state?

Yes. Tenancy by the entirety is recognized in Utah. See related link.