Sentences with phrase «joint tenancy»

"Joint tenancy" refers to a legal arrangement where two or more people share equal ownership of a property at the same time. They have the right to use the property and if one person passes away, their share automatically goes to the surviving co-owners. Full definition
Real Estate: Hold property in joint tenancy with right of survivorship (or as tenancy by the entirety if owners are spouses) or transfer title to a revocable living trust.
CDs: Hold property in joint tenancy with right of survivorship (or as tenancy by the entirety if owners are spouses), transfer title to a revocable living trust, or name a payable - on - death beneficiary.
A type of joint tenancy of property that provides right of survivorship and is available only to a husband and wife.
The Bankruptcy Court considered whether Arizona courts would extend that holding to joint tenancy property.
Having transferred the house into joint tenancy with Helen, the house would no longer form part of Kay's estate (because it passed by way of survivorship to Helen).
For example, you can easily name beneficiaries on your own, title assets as joint tenancy with right of survivorship on your own, and even create your own trust using an online service such as Nolo.
But what happens when parties don't marry or live in a marriage like relationship and break up and then get embroiled in joint tenancy family home dispute?
Examples of will substitutes include: life insurance, retirement accounts, annuities, custodial accounts, trusts, government savings bonds, property held by joint tenancy, property transferred by deeds of title or gifts, and payable - on - death or transfer - on - death accounts.
Attorney guest blogger Gregory Herman - Giddens discusses the implications of joint tenancy on estate planning.
Joint ownership is commonly used in family situations, for example, most spouses own their principal residence in joint tenancy because it reflects the fact that they consider themselves to be a team - and also so it makes the administration of the estate of the first to die efficient and inexpensive.
Joinder Joint Custody Joint Legal Custody Joint Petition Joint Physical Custody Joint Property Joint Tenancy Judgment Judgment of Divorce Judgment Nisi Judicial Foreclosure Jurat Jurisdiction Jurisprudence Justice System
For example, if you own property jointly with another individual through joint tenancy, the property can pass to the survivor without having to go through probate.
The court confirmed title in joint tenancy means:
In two recent blog posts, we discussed the issues of using joint tenancies for estate planning.
Put another way, probate assets are generally those you own alone in your name, while nonprobate assets generally consist of assets you no longer have legal title to (i.e. trust assets), assets that will pass automatically upon your death (i.e. beneficiary designation), and assets owned jointly with others (i.e. joint tenancy with right of survivorship).
From a legal perspective, we are thinking about joint tenancy as the best way to protect the asset if one of us passes away unexpectedly.
Offering a conversion from joint tenancy to «room - by - room» individual tenancies is likely the best way forward, and likely to be supported as a standard of tenancy by existing law anyway.
However, if the court can not conclude the transferor's actual intent was to create joint tenancy on the evidence before it, this presumption will «tip the scales» in favour of the presumption of resulting trust: Schouten Estate at para. 2.
Tenants by the entire - ties is a special form of joint tenancy ownership that is only available to married persons, where ownership is guaranteed to one spouse in the event of the others death.
Joint tenancy comes with a «right of survivorship.»
Given more parties in Vancouver's exploding real estate market may pool monies to buy property we think joint tenancy family home dispute cases will become far more common.
That's because the entire ownership transfers to the surviving owner, without having to go through probate, under joint tenancy.
Joint tenancy gives each individual the absolute right to occupy the property (each person owns the whole property).
Worth pointing out that joint property (e.g. joint tenancy in real estate or joint ownership of a car) reverts to any survivors and doesn't form part of the estate.
We're happy to help answer your questions about joint tenancy disputes.
MacLean Law's top rated joint tenancy family home dispute lawyers just reviewed a recent case on this more unusual situation.
Pitfalls and Dangers of Joint Tenancy Robert L. Bolick, Shareholder Most real estate owned by more than one person is held as «joint tenants with rights of survivorship».
There was a legal joint tenancy here; but in equity it was a tenancy in common created by the unequal contributions to the purchase price.
Joint tenancy adjustment order: where the tenancy is held by joint tenants and not all contest the termination claim, those who wish to continue as tenants can apply and the court can make this order releasing the other joint tenants from the tenancy.
Will & Estate Litigation Disinherited Children & Spouse Joint Tenancy in BC BC Elder Law Undue Influence Trust & Proprietary Estoppel Claims
In 1996 H severed the beneficial joint tenancy so that H and W thereafter held the house beneficially as tenants in common in equal shares.
If you move in to a local authority house where your partner is already the sole tenant, you may apply for joint tenancy after two years.
Certain forms of title such as joint tenancy carry with them an automatic right of survivorship.
-- for couples who decide to separate, to call their Realtor to assist in dividing the inseparable joint tenancy, the home once filled with so many memories and now containing nothing but fear and loathing.
Unlike joint tenancy, however, under tenancy by the entirety the home is more fully protected from creditors.
Like joint tenancy, this form of ownership means each spouse owns 100 percent of the property and an equal right to possess the home, and provides that when one spouse dies, the surviving spouse automatically becomes the property's sole owner.
The Court of Appeal made a declaration that the parties held the severed joint tenancy as tenants in common in equal shares applying Stack v Dowden [2007] 2 All ER 929 and explaining Oxley v Hiscock [2004] 3 All ER 703.
Property held by joint tenancy will pass by right of survivorship to the co-owner (s).
On the other hand, in respect to the real estate that was also put into joint names as joint tenancy because the husband indicated on the transfer of ownership to he and his wife that it was being done for «natural love and affection» (to avoid land transfer tax among other things) the wife retained her 50 % ownership interest of the real estate.
See also joint tenancy and tenancy by the entirety.
In addition, property that passes outside of your will — say, through joint tenancy or a living trust — is not subject to probate.
By Jennifer Samara Shuber A recent Ontario Superior Court of Justice decision has confirmed that placing a property in joint tenancy means sharing the property equally on... Read more
When a married or common - law couple owns a home together the ownership is known as joint tenancy.
Before reaching a final conclusion concerning the exclusion of property in this case, it is necessary to address the question of the impact of the parties» decision to hold title to the Home in joint tenancy on the result.
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