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. R

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  2. 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...
  3. F

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  4. 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...
  5. Skateboard

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  6. 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...
  7. K

    NSW Executor of Will - Legal Counsel Suggesting I Sell?

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  8. F

    NSW sharing property with ex

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  9. C

    QLD Go Back to Family Court to Negate Consent Orders?

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  10. Alexander_Descartes

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