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Remember these words:
Joint Tenancy:
This is a term used to describe Title two or more natural persons taking title with the right of survivorship. Either of these people may sell, encumber, or lease but cannot leave by Will. A sale by one tenant, will convert the Joint Tenancy into a Tenant in Common. Upon the death of one of the joint tenants, their interest automatically passes to the remaining person(s), without probate.
Tenancy by the Entirety:
Similar to a Joint Tenancy with right to survivorship, but tenants must be husband and wife. It is understood that "the marriage" owns the property --- therefore, one spouse cannot sell or partition the property, nor can a creditor of one spouse force a sale. Upon "divorce", the parties become tenants in common.
Tenancy in common:
Two or more natural persons own a property without the right of survivorship. Each person has an undivided interest in the whole property. The interest in the property does not need to be "equal". They can leave by Will. Property is subject to probate. When one of the owners passes away, his/her interest passes to his or her heirs, as indicated in their Will.
Survivorship:
means if two people own a property, and one of the people passes away, the remaining party becomes owner of the entire property, without the need to go to court, as in the case of Joint Tenancy or Tenancy by entirety.
Dissolving Joint Tenancy:
When one owner, under a Joint Tenancy, passes away, the remaining person may wish to remove the name of the deceased person from the Title. We can assist you with this procedure.