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View Full Version : Common tenancy or joint tenancy


CHERIE_LABAT
Dec 20, 2007, 12:42 PM
Can anyone help me find out the difference in common tenancy and joint tenancy? How does either of these affect a divorce, or if you die, etc.
What do I need to know on these in case of death or divorce?

ms180sx
Dec 20, 2007, 11:42 PM
I just did this in bus law 2, and I already forget. Lol

Under tenancy in joint, the right of survivorship means that upon one married owners death, the property passes automatically to the spouse. No will can change that.
A tenancy by the entirety would include the right of survivorship, which would pass the property automatically to the spouse in death. In divorce, it transforms into a tenancy in common, which would give each individual the right to posses and use their share or part of the property, which doesn't have to be equall 50-50. A will will pass on property rights after death.

I would suggest a tenancy by the entirety. Neither you or your spouse can transfer the property without the others consent. ( This would protect during rough relationship periods) At death, the property goes to the surviving spouse, so no will can transfer the ownership. In the situation of divorce, you both become owners in common, and therefore keep the rights to your part of the property. With a tenancy in common, if you decide to divide up the property, but cant, a court can order a partition, which is the sale of the property and the dividing of the income based upon the percentage of ownership. i.e. 1/2 or 2/3rds etc..

Hope was helpful
-Tim-

CHERIE_LABAT
Dec 21, 2007, 10:58 AM
Thank you for explaining that. A friend of mine was trying to figure it out. Her husband and her have been having problems off and on, so we thought it would be smart to check into it further. I thought it would go to the spouse. Maybe you can help me on this, her husband and his brother own a business. They have bought land together with business money. If one of the brothers were to die how would that work? Would the wife be entitled to the husband share or would it all go to the brother that was alive?

ScottGem
Dec 21, 2007, 11:37 AM
Joint tenancy is not restricted to a spouse. Anyone can enter into property ownership as joint tenants. How the property is divided upon the death of one of the joint tenants depends on the type of joint tenancy.

ms180sx
Dec 23, 2007, 04:29 PM
Answering your second question, I would like to know what type of business type they have. There are many different types of business, each with their own answer