answersLogoWhite

0


Best Answer

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.

User Avatar

Wiki User

11y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: 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?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

How does a deed have to be worded in order to guarantee survivorship of property between two people?

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


In Oregon should a woman and man living together change deeds from tenants in entirety to tenants in common?

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.


Can joint owned property with three owners be willed to one of the surviving parties over the other?

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.


How should you title property if married?

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.


Can anyone claim the share of a deceased joint tenant deed?

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.


How should the grantee be written for a warranty deed if you have a husband and wife?

example: john smith and Mary smith, husband and wife, as joint tenants with rights of survivorship who reside at ...AnswerIn 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 . . . .


What article does the right of survivorship belong?

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.


Does the right of survivorship apply with out a will?

No, the right of survivorship typically applies to property held in joint tenancy or tenancy by the entirety, and it allows the interest of a deceased co-owner to automatically pass to the surviving co-owner(s). Without a will, the deceased co-owner's interest would generally be subject to the laws of intestate succession, which determine how the property will be distributed among the heirs.


If a house is bought by two people father and daughter and stipulates that the daughter has the right to survivorship can the father sell the house without her knowledge?

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".


Who is JTWROS and Why are They Listed on My Account Statement?

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.


Is there any way a single man can hold title as a Tenant in Entirety?

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


On real property can an heir of a person named in a Joint Tenancy with Rights of Survivorship with someone else make a valid claim for ownership of the property?

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.