Joint Tenancy
A way of owning property jointly where the survivor automatically inherits the whole property when one owner dies. Cannot be left in a will.
Joint tenancy is a form of property ownership where two or more people own property together with equal, undivided shares and the right of survivorship.
Right of Survivorship
When one joint tenant dies, their share automatically passes to the surviving owner(s). This happens regardless of what their will says - you cannot leave your share of joint tenant property in your will.
Key Features
- All owners have equal shares (50/50, 33/33/33, etc.)
- All owners must agree to sell
- The property doesn't go through probate
- Quick and automatic transfer on death
Joint Tenancy vs Tenants in Common
| Joint Tenancy | Tenants in Common |
|---|---|
| Equal shares only | Any shares (e.g., 60/40) |
| Right of survivorship | Share passes by will |
| Can't leave share in will | Can leave share in will |
| Avoids probate | Goes through probate |
Severing a Joint Tenancy
You can change from joint tenancy to tenants in common by giving written notice. This allows you to leave your share in your will.
Common questions
Can I leave joint tenancy property in my will?
No. The right of survivorship overrides your will. To leave your share, you must sever the joint tenancy first.
Is joint tenancy good for married couples?
Often yes - it's simple and avoids probate. But for tax planning or second marriages, tenants in common may be better.
What happens to joint tenancy if we divorce?
Divorce doesn't automatically sever joint tenancy. You should sever it as part of the divorce proceedings.
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