Deeds and Ownership

If two people OWN a building as joint tenants with right of survivorship and one dies intestate under what law does the other own the building?

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February 27, 2013 11:38PM

Joint tenancy developed under English common law. In jurisdictions that are based on English common law a joint tenancy with the right of survivorship creates an estate in the survivor when one owner dies. Joint tenancies have been codified in most state codes. You would need to check your state for a specific statute. In Massachusetts the law is as follows:

TITLE I. TITLE TO REAL PROPERTY
CHAPTER 184. GENERAL PROVISIONS RELATIVE TO REAL PROPERTY


Chapter 184: Section 7. Creation of estate in common, joint tenancy or tenancy by the entirety


Section 7. A conveyance or devise of land to two or more persons or to husband and wife, except a mortgage or a devise or conveyance in trust, shall create an estate in common and not in joint tenancy, unless it is expressed in such conveyance or devise that the grantees or devisees shall take jointly, or as joint tenants, or in joint tenancy, or to them and the survivor of them, or unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy. A devise of land to a person and his spouse shall, if the instrument creating the devise expressly so states, vest in the devisees a tenancy by the entirety.


A conveyance or devise of land to a person and his spouse which expressly states that the grantees or devisees shall take jointly, or as joint tenants, or in joint tenancy, or to them and the survivor of them shall create an estate in joint tenancy and not a tenancy by the entirety. In a conveyance or devise to three or more persons, words creating a joint tenancy shall be construed as applying to all of the grantees, or devisees, regardless of marital status, unless a contrary intent appears from the tenor of the instrument.


A conveyance or devise of land to two persons as tenants by the entirety, who are not married to each other, shall create an estate in joint tenancy and not a tenancy in common.

Related Questions

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The tenancy must be stated as "joint tenants with the right of survivorship".

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No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants. No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants. No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants. No. Property owned by three people as joint tenants with the right of survivorship cannot be "willed" at all. When one owner dies their share automatically passes to the surviving joint tenants.

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Tenants by the entirety is a tenancy reserved for people who are married. If two people who are not married acquire property as tenants by the entirety the tenancy would fail. If two unmarried people want to create a survivorship in each other they should hold the property as joint tenants with the right of survivorship. That way, if one died the other would automatically own the property.

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Property owned by married people should be acquired as tenants by the entirety. The next best form would be as joints tenants with the right of survivorship.

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If two people own a home as joint tenants with the right of survivorship that means that when one dies the surviving owner becomes the sole owner of the property with no need to probate the estate of the decedent.

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No. When two people own property as joint tenants with the right of survivorship and one dies, the interest of the decedent passes automatically to the surviving joint tenant. When the surviving joint tenant dies the property passes according to their will or according to the laws of intestacy if they die intestate.

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example: john smith and Mary smith, husband and wife, as joint tenants with rights of survivorship who reside at ... Answer In some jurisdictions a tenancy by the entirety provides married people with the ultimate protection. It is a form of ownership reserved for married people. The property cannot be partitioned or siezed by the creditor of one person. It is the strongest form of survivorship. Neither can sever the survivorship rights of the other. It would be expressed as . . . to Kendra and Timothy O'Connor, husband and wife, as Tenants by the Entirety . . . .

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If two people own property as joint tenants with the right of survivorship when one dies the property automatically becomes the sole property of the survivor. There is no need for probate. If they own as tenants in common and one dies their half interest passes to their heirs according to their will or to their heirs at law according to the state laws of intestacy if they had no will. In this case the estate would need to be probated in order for title to pass to the heirs.

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The Right of Survivorship isn't actually from an "Article" per se, it is a very small part of "Joint Tenants" which comes under the Law or Property Act 1925. When 2 people purchase a property together whether house or land, they are usually joint tenants meaning that they each own the property together as one. The rule of survivorship comes in when one of them dies, the other automatically inherits the other persons interest. The deceased cannot leave their interest in the property to another.

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Oftentimes account statements you receive from your bank or brokerage may have the abbreviation JTWROS on them. What does this strange string of letters mean to you? Often shown in its abbreviated format, JTWROS, or Joint Tenants with Right of Survivorship is a legal way to hold real property in which ownership is shared by two or more people. Each party, called a joint tenant, enjoys equal rights to the property. That's what the joint tenants part of JTWROS means. Joint Tenants with Right of Survivorship can be used in the case of unmarried or married couples. Some assets that are typically held by way of JTWROS include primary residences and bank or brokerage accounts. Sometimes business partners will hold their business property as Joint Tenants with Right of Survivorship. What happens when one of the joint tenants dies? That's where the right of survivorship comes into play. Upon the death of one of the joint tenants, the ownership of property passes directly to the other joint tenant(s), regardless of any conflicting instructions for distribution of that property in the decedent's will. So using Joint Tenants with Right of Survivorship to hold property keeps the property out of the estate of a deceased joint tenant, though estate and/or gift taxes may apply. But make sure you understand this point; liabilities attached to a property held Joint Tenants with Right of Survivorship (like a mortgage on a home) continue to be attached to that property and become the responsibility of the surviving joint tenants. Unless ownership is reregistered differently, property held Joint Tenants with Right of Survivorship passes to the estate of the last surviving joint tenant. So the next time you see these letters listed somewhere you'll know what they mean and if someone asks you how you want to register the ownership of an account you may be a little bit more prepared.

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Not if the title has been worded and filed in the county land recorder's office where the property is located. The wording would be "John_____ and Mary____ as Joint Tenants With Rights Of Survivorship".

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No. When two people own property as joint tenants and one dies, their interest is terminated and the property is owned by the surviving joint tenant. There is nothing left to pass to the decedent's spouse and children. That is the legal effect of joint tenancy with the right of survivorship. When the surviving joint tenant dies the property will pass to their heirs by their Will or according to the laws of intestacy if they have no Will.

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No. Tenants by the entirety is reserved for legally married people. A sole owner cannot set up any survivorship tenancy with himself.

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The right of survivorship literally means that a will is not required. That is, between two people (A and B, for example) who are co-tenants with right of survivorship to a piece of property, the one of A and B who is alive after the other's death will own the property in full. So if A dies first, B will own the property outright, and if B dies first, A will own the property outright. So in any case, right of survivorship by its very existence means that a will is not required regarding that particular item of property only.

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If the property was held by two people as tenants by the entirety or as joint tenants with the right of survivorship the full ownership of the property automatically passes to the survivor. All you need to do is record a death certificate in the land records to show that the joint owner has died.

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NO. When two people own property as joint tenants with the right of survivorship and one dies the other AUTOMATICALLY owns the property. You cannot make a claim as an heir at law of the decedent.

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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 shares Have the right to the use and possession of the whole of the property Pass on their share of the property to their heirs when they die In 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.

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It depends on how the 2 people owned the property: as joint tenants, tenants by the entirety, tenants in common, and whether the mortgage covered the entire fee ownership or just one joint tenant's interests in it. Too little information to be specific, but if we're talking joint tenants with the right of survivorship, the mortgagor-owner would inherit the deceased joint tenant's share and nothing much would change.

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That depends on how they took title to the property in their deed. If they are married and own as tenants by the entirety the survivor would own it all. If they acquired as joint tenants with the right of survivorship then the surviving owner would own it all. If they owned as tenants in common then the decedent's heirs would inherit their half interest. The estate would need to be probated in order for title to pass to the heirs.

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The phrasing "and/or" is not used on a deed. That term is used on joint bank accounts. If two people want to own real property jointly the deed must name both as grantees "as joint tenants with the right of survivorship".

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Tenants are people who rent properties like a house.

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A Survivorship Deed is an arrangement for owning real property by which a person(s) becomes entitled to a greater interest in jointly owned property by reason of her having survived another person who had an interest in property. A survivorship deed is one that creates a joint tenancy with the right of survivorship or a tenancy-by-the-entirety for legally married couples. A survivorship deed that creates a joint tenancy can name any number of grantees but they must each have an equal interest in the property. If four own the property by survivorship and one dies the other three will each own a one-third interest. The survivorship aspect means that when one dies their interest passes to the survivors automatically with no need for probate. If two people own a property by survivorship and one dies, the survivor will become the sole owner with no need of probate. As joint tenants die the survivors only need to record their death certificate in the land records to clear the title of the decedent's interest.

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A survivorship exempt deed is a deed that conveys property in the names of multiple people. This type of deed is exempt from tax reassessment.

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This is the reason people set up certain tenancies when they buy real property together. The parties purchasing the property should discuss this issue in advance. If you hold the property as joint tenants with the right of survivorship then the decedent's interest passes to the surviving joint tenant when they die. If you own the property as tenants in common then the decedent's interest passes under her will or to her next of kin if she dies intestate. In that case her estate would need to be probated for title to pass to her heirs.

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No. Survivorship is not an inheritance. When two people own property by survivorship and one dies, their interest is extinguished and the survivor becomes the sole owner.