So while there may be instances
where joint ownership does make good sense, doing it simply to avoid probate is a fool's game.
Not exact matches
Global investment banks have long been sidelined in one of the world's fastest - growing financial markets,
where caps on
ownership of local
joint ventures have stymied their expansion.
Eaton and other suppliers, of course, still must rely on
joint ventures in nations such as China and India
where foreign equity
ownership is restricted.
As will a
joint account
where they document their intention to give up beneficial
ownership to their grandchildren.
In some states, a type of
joint ownership of property
where a husband and wife are considered as one person, essentially providing an automatic right of survivorship.
As JBentley points out, there have been court cases
where domestic partners contributing to household expenses while the other partner paid the mortgage have later been able to claim that this implied
joint ownership.
The crucial question at the heart of this particular case was whether, following Mr Kernott's departure from 39 Badger Hall Avenue, an intention between the parties could be found which would rebut the presumption of
joint beneficial
ownership (which presumption generally arises
where there is
joint legal
ownership and no express declaration of trust that the co-owners should own in anything other than equal shares).
Just as the starting point
where there is sole legal
ownership is sole beneficial
ownership, the starting point for
joint legal
ownership is
joint beneficial
ownership, so that the property is held in equal shares.
The presumption of
joint and equitable
ownership can be rebutted by evidence that the parties did not at the time of purchase intend to own the property jointly in equity, or that the parties» intention as to beneficial
ownership has changed over time (for example,
where the parties did not share their financial resources).
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.
No, you need to use a Survivorship Deed to transfer rights of survivorship,
where the parties will hold the property as
joint tenants, with the survivor taking a fee simple interest (complete
ownership) in the property upon the death of the other party.
Certificates of Title issued in
Joint Ownership where the names are separated with the words AND or AND / OR, do not carry the same meaning as With Rights Of Survivorship.
Once a party (s) decides that court intervention is the only way to resolve a
joint ownership problem, the lawsuit is filed in the county
where the contested real estate is located.
Consider these situations
where sharing
ownership in Florida real estate can become impossible for at least one of the
joint owners:
The most common form of
ownership,
where more than one person owns an interest in Florida real estate, is called a «
joint tenancy» and it is one of three kinds of
ownership possible in Florida (the other two are «tenancy in common» and «tenancy by the entireties.»)