Sentences with phrase «of joint tenancy»

Hansen appears to lower the threshold found in prior jurisprudence for a finding of severance of joint tenancy through a course of dealing.

A type of joint tenancy of property that provides right of survivorship and is available only to a husband and wife.

Tenants In Common — A type of joint tenancy of property in which two or more parties are co-tenants of the same property but do not have a right of survivorship; each tenant's portion of ownership is separate and distributable by will or trust.

For more on this choice, read The Benefits And Pitfalls of Joint Tenancy.

A transfer of stock into joint tenancy (or a transfer out of joint tenancy, provided it goes back to the employee who exercised the ISO).

Attorney guest blogger Gregory Herman - Giddens discusses the implications of joint tenancy on estate planning.

However, in the case of land the common law presumption of joint tenancy has been altered by statute, so that land owned by two or more persons is presumed to be owned by them as tenants in common unless the title expressly states that they are joint tenants.

Death The child may pass away before the parent, negating the purpose of the joint tenancy.

The exact consequences of joint tenancy with right of survivorship, in terms of transfer of interest, will depend on the state.

The common law concept of joint tenancy and tenants in common is adopted.

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».

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.

However, it is not clear that the Justice Erb really appreciated that the absence unity of possession must mean that there is no co-ownership - see her comments (at para 22) that «specifically» there can be no «right of survivorship» — which of course is simply a characteristic of a joint tenancy.

Tags: Joint Tenancy, Legal Procedures, Severance of Joint Tenancy Posted in Equity, Joint Tenancies, Legal Procedures & Definitions

The Bill will deliver a comprehensive set of protections, rights and obligations for same - sex couples across a wide range of areas including home protections, pensions, taxation, maintenance, next of kin, social welfare, domestic violence, inheritance, enduring power of attorney and creation of joint tenancies.

Looking at the totality of the parties» conduct, the Court of Appeal concluded that the course of dealing of the parties resulted in a severance of the joint tenancy.

It depends on the type of joint tenancy.

Charles Ticker, founder of the Charles B. Ticker Law Office in York Region, discusses why people choose joint tenancy as a way to avoid probate fees, and some of the pitfalls of joint tenancy.

Based on the facts of this case, it would appear that in most family law cases where division and equalization of joint property is addressed in a meaningful way, the conduct of the parties will point to a severance of joint tenancy.

Severance of a joint tenancy may be achieved in one of three ways: 1) unilaterally acting on one's own share, such as selling or encumbering it; 2) a mutual agreement between co-owners to sever; or 3) any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common.

A probate estate may be necessary depending on the type of joint tenancy.