| Types
of Ownership
The most common forms of ownership are as follows:
Joint Tenancy (with common law right
of survivorship) is when two or more individuals or entities own the property
jointly, in equal shares. In the event of the death of one of the joint
tenants, that tenant’s interest in the real estate will be passed
to the surviving joint tenant(s).
Tenants in Common is a form of ownership
in which two or more individuals or entities own an undivided interest
in the real estate. Unless stated otherwise, the undivided interest will
be equal. In the event of the death of one of the tenants, that tenant’s
interest in the real estate will not pass to the surviving tenant(s).
Tenants by the entirety with common law right
of survivorship is the form of ownership reserved solely for a
married couple. The husband and wife are considered one entity, therefore
they each own 100 percent of the real estate. Upon the death of either
the husband or the wife, the property will automatically convey to the
surviving spouse. In the event of a divorce, this form of tenancy will
terminate and both parties, as tenants, will hold ownership in common.
Sole Ownership is when one individual
takes title to real estate.
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