joint tenants

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In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies.
Many jurisdictions also recognize tenancies by the entirety, which is effectively a joint tenancy between married persons. Many jurisdictions refer to a joint tenancy as a joint tenancy with right of survivorship, but they are the same, as every joint tenancy includes a right of survivorship. In contrast, a tenancy in common does not include a right of survivorship.
The type of co-ownership does not affect the right of co-owners to sell their fractional interest in the property to others during their lifetimes, but it does affect their power to will the property upon death to their devisees in the case of joint tenants. However, any joint tenant can change this by severing the joint tenancy. This occurs whenever a joint tenant transfers his or her fractional interest in the property.
Laws can vary from place to place, and the following general discussion will not be applicable in its entirety to all jurisdictions.

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  1. K

    NSW Joint Tenants

    Hi, I am in NSW. My father has recently passed and my parents own the family home and an investment property in joint names. My understanding is that the properties will now be owned wholly by my mother. (There is also a valid will that states my father's shares in property will revert to my...
  2. R

    WA Joint Tenants - Selling Property Without Permission to Other Owners?

    Can I sell my share in the property owned in joint tenancy without the permission of the other owners to someone else?
  3. P

    QLD Changing Title Deeds from Tenants in Common to Joint Tenants?

    My father and brother own a property as tenants in common. Can the title deeds be changed to joint tenants from tenants in common? If so, can it be done without payment under property law? My father was going to leave it to us in his will, but my brother says he now owns it. My father is in a...
  4. F

    VIC Caveat - Can We be Forced to Sell Our House?

    Hi, I'd like to find out if anyone can please help? Can a caveator who placed a caveat with interest in our property forced us to sell our house in order to get their money back in full? Due to domestic living dispute with a family member (retired) who helped us purchase our first house with...
  5. T

    NSW Joint Tenants - Trustee and Guardian Want to Sell the Home?

    Hi, My mum and I are joint tenants and owners of a property which we were both living in until she went into a nursing home 2 years ago. Her financial affairs have been taken over by the trustee and guardian (without my knowledge) and the T&G now wants to sell the house. I need help on...
  6. Skateboard

    VIC Disagreement Between Joint Tenants ?

    My brother and I were joint tenants in a property. I gave my power of attorney to my son when I went overseas. When house was settled my brother refused to give me any money. The agreement was that I should receive %50 of the sale price. After several months of arguing my brother gave me...
  7. G

    NSW What are the Property Rights of Co-owner of Property?

    Hi My ex and I separated 12 months ago but have continued to live in a property we own as joint tenants because we a) thought it would be a good idea to stay in the same house with the dog, and b) we did not foresee any problem in the future. Unfortunately, all has not gone as swell as...
  8. K

    NSW Executor of Will - Legal Counsel Suggesting I Sell?

    I am one of two Executors of will. My mother passed away in 2016. Probate was granted in 2017. I can live at the property for as long as I wish (Terms of the Will). No contact from other the executor of will since before Christmas.2017. I will be posting an email sometime in the next week to the...
  9. F

    NSW sharing property with ex

    We are joint tenants on 3 acres (separated for 10 years) and wish to build granny flat for him and I live in the house. I want legal agreement so he and his family can not come into 'my' area, poison my garden or his family to breed more roosters on the property! I also wonder about a joint...
  10. C

    QLD Go Back to Family Court to Negate Consent Orders?

    My spouse and I have a financial Consent Orders in place that states our family home ownership is to remain in both our names as Joint Tenants, with the power for either of us to re-address this Order when and if we see fit. We have come to a mutual agreement for me to buy her 50% out. Do we...