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    janielmaxwell's Avatar
    janielmaxwell Posts: 1, Reputation: 1
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    #1

    Apr 29, 2014, 04:40 PM
    The difference in Joint tenants with right of survivorship or tenants in common
    On a warranty deed that reads Joint Tenants with right of survivorship, what is the difference with Tenants in common?
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Apr 29, 2014, 04:44 PM
    With right of survivorship if one party dies... the other inherits their part of the proprety. With tenants in common you don't and their heirs would get it via will or probate... meaning they could force a partition sale against your wishes.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 30, 2014, 04:52 AM
    As noted, if one joint tenant dies, their share goes to the other joint tenant outside of the estate. With In common, their share goes to their estate.
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