First off, I am not an Attorney so any opinion I offer is just that, my opinion and should not be considered legal advice. I am a Realtor working and living in Tennessee.

 Ok, in this day and age with Domestic Partnerships on the rise, the discussion on what Joint Tenancy is and how it works is becoming more and more common place for Realtors to know. Now, before I get into details about Joint Tenancy, let me clarify just exactly what it is.

 Joint Tenancy is when 2 or more people share ownership or real estate or other property. When 2 or more people own property as Joint Tenants and one owner dies, the other owners automatically own the deceased owner's share. ...Because of the Right of Survivorship, no will is required to transfer the property; it goes directly to the surviving joint tenants without delay and cost of probate.

 (Provided by Nolo.com)  

 So, how does one enter into a Joint Tenancy?

 

  1. Automatically Joint Tenants: The most common use of Automatic Joint Tenants is if you are a legally recognized married couple. Your state may have laws that when you buy a home, you are automatically entered into that purchase as Joint Tenants. If you don't want this type of Tenancy, it will be very important for you to notify your Closing Agent / Title Agent when you are prepared to close the deal.
  2. Requesting Joint Tenant Ownership: For Domestic Partnerships....of any kind, Mother and Daughter, Son and Father, Lifestyle Partners, or any other combination of 2 or more people who share ownership of a property, it may be important for you to ask for Joint Tenant Ownership. In situations where you are not automatically given the Joint Tenant status and, your Title Agent or Closing Agent doesn't ask, then they will follow the instructions of the lender (if one is involved) and, may not provide your spouse, mother, father, son, daughter, significant other or business partner, the Right of Survivorship.

 

The key to Joint Tenancy is The Right of Survivorship, to the best of my knowledge, Joint Tenancy is the only way to hold property with more than one person and be able to provide them with the Right of Survivorship without a will. Specifically what The Right of Survivorship means is, if you die, your Survivors will inherit your owner share equitably, immediately, without cost and without probate....no questions asked.

**Special Note**

            In many states, if not all of them, a Joint Tenancy Right of Survivorship will override any will. So, for example, if Grandpa George dies and his surviving wife is the other "Joint Tenant", she automatically owns the home, immediately, without cost and without probate......even though Grandpa George wrote in his will that he was leaving the house to his 25 year old mistress, Angeline. So, check your deeds people and make sure it is set up the way you want it.  

 
This post has been included in Tennessee Information
Post is included in group: Tennessee Realtors - Join Hands
Post is included in group: Title and Escrow Group

1 Comments on Immediately, without cost, without probate....Joint Tenancy the way to go.

DEC
05
2008
Outside Blog

Well said, Jesus.  It is especially important that you pointed out that laws differ from state to state.  In my state, for example, the buyers would acquire title as tenants in common (no right of survivorship) absent any language specifying tenancy.

I always thought it a good idea to consult an attorney when taking title to real property, even if representation is not a requirement.  It can save the surviving owners significant headaches upon the unfortunate demise of another.

Anyway, excellent topic for those who care to get it right. 

8:14pm • #1

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Jesus (Jesse) Gonzalez, RDCPro

Hermitage, TN

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The Realty Association

Address: 1709 Ridgemere Ct., Hermitage, TN, 37076

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