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What if the deed doesn't say joint tenants or tenants in common?
Wiki User
∙ 13y ago
In the UK:
You need to look for the phrase, "RESTRICTION: No disposition by a sole proprietor of the registered estate . . . ." This will appear under the sub heading Title Absolute which can be found under the main heading "Proprietorship Register". If this phrase is missing then it will be jointly owned
If the words "tenants in common" do not appear it is presumed to be a joint tenant arrangement.
In the US
Generally, the default tenancy (when no tenancy is recited) is tenancy in common. However, there are many variations from state to state. The default tenancy for married grantees is joint tenancy in some states. In my state the tenancy will be considered a tenancy in common in any deed if no tenancy is recited. You need to check your state laws.
Wiki User
∙ 13y ago
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Does property have to go to probate if one spouse is deceased and the surviving spouse is also listed on the Missouri warranty deed?
It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.It depends on how they took title. The deed by which the couple acquired the property must be a survivorship deed in order to avoid probate. They must have acquired as joint tenants with the right of survivorship or as tenants by the entirety.If they acquired as tenants in common then the decedent's estate must be probated.
Mother and son own property as joint tenants. Mother conveys to daughter by quit claim deed. Are sister and brother now joint tenants?
No. They are now tenants in common. If one joint tenant conveys their interest to a third party the joint tenancy is severed. If brother and sister wish to own as joint tenants they should convey to a straw and then have the straw convey back to them as joint tenants. They should consult with an attorney who can draft a proper deed for their jurisdiction.
How do you find out if you are the survivor on your property deed?
Review your deed and look for any survivorship language after your name in the granting clause. It can be stated:as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entiretyReview your deed and look for any survivorship language after your name in the granting clause. It can be stated: as joint tenants with the right of survivorship, oras tenants by the entirety
What does a tenant in common deed look like?
When two or more people purchase land, they can own it as 'joint tenants' or as 'tenants in common'. If they own it as joint tenants, they each own an equal share of the property. If one joint tenant dies, his/her share is extinguished and the remaining joint tenant(s) is/are the owner(s). The share of the deceased joint tenant does not become part of his/her estate. A husband and wife will usually own a property as joint tenants. If they own it as tenants in common, the share owned by each does not have to be equal. If one tenant in common dies, that share of the property becomes part of the estate of the deceased tenant in common. Usually the deed itself will state that the owners are either joint tenants or tenants in common.
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.
How do you know if you have right of survivorship on a property you own with a non-spouse?
A right of survivorship must be set forth in the deed by which you acquired your property. If the deed doesn't state you received the property as "joint tenants", or as "joint tenants with the right of survivorship" which is required in some jurisdictions, then you own as tenants in common and have no survivorship rights. If you review your deed and the answer isn't clear you should consult with the attorney who represented you at your closing who can draft a confirmatory deed with survivorship rights if necessary.
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.
Could I deed a property to my son without my husband's consent We are joint tenants with survivorship?
Yes. If you own as joint tenants you can convey your interest to your son. He would then own the property as tenants in common with your husband. If you live in a community property state the answer may be different. You should consult with an attorney.
Is right of survivorship automatic with joint tenancy?
Yes. Some states require that the words "with the right of survivorship" must be added after "as joint tenants" in the deed. In some states, such as Massachusetts, the designation "as joint tenants" is sufficient.
When joint tenants take title to the real estate through the same instrument it is called?
Joint tenants must take title under the same instrument and that instrument is called a deed. Under the common law joint tenants must acquire the same interest at the same time. A joint tenancy is based on the legal theory that the tenants own one estate- together. Therefore, when one dies their interest is extinguished and the survivor is now the sole owner of the estate. Note also that property can be acquired as joint tenants pursuant to a will that specifically states the property so devised is to be held as joint tenants.
What can you do your dad passed suddenly intestate he and his sibling are on the deed of what was their parents house does his share pass to your mother if not what can be done?
The answer depends upon how your Dad and his siblings took title to the property: as tenants in common or as joint tenants with right of survivorship. As joint tenants with right of survivorship, his share would pass to the other siblings named in the deed. If they acquired as tenants in common, then his share would pass to his heirs at law according to the laws of his state. In that case your Mother would need to petition to be appointed administrator of his estate in order for title to pass legally to his heirs, his widow and children.
How does having and or on a deed affect you?
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".
