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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    NSW Mother Changed Will - Securing My Inheritance?

    My mother recently changed her will and severed a joint tenancy with her husband (my stepfather) to provide greater certainty of me getting an inheritance (only child from previous marriage). The property is their residential property and the only property they own. They have been married 22...
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    QLD Joint Tenants with Estrange Spouse - Storing Possessions in the Property?

    My estranged spouse and I have financial Consent Orders in place that provide for continuing shared Joint Tenants ownership of our house. I live in the house, my spouse moved out, but now wants to store a shipping container full of possessions in our back yard. Does my spouse have the legal...
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    QLD Joint Tenants with Estranged Spouse - Rights to Store Possessions in Property?

    My estranged spouse and I have financial Consent Orders in place that provides for continuing shared Joint Tenants ownership of our house. I live in the house, my spouse moved out, but now wants to store a shipping container full of possessions in our back yard. Does my spouse have the legal...
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    WA Evicting Guests from Home - Where Do I Stand Under Family Law?

    I'm a joint owner (joint tenants) of a home with my now ex-girlfriend. We were only together for 5 months. While together we both agreed for her parents to move in because I work out of town for extended periods. Now that we have separated, I no longer consent for them to reside there.There is...
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    NSW Tenants In Common Transfer (purchase)

    How long should a signed contract for a land transfer (purchase) and mortgage discharge take to go from one solicitor to the other (that of seller), so the other party can sign it? (Purchaser) Is 2 weeks too long? Docs were prepared by our solicitor (purchaser) as is a family law matter but in...
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    QLD Property Owned as Joint Tenants - One Tenant Passed Away

    My Sister passed away last year in november, we owned a property in qld as joint tenants, I realise that her interest in the property now passes to me and I assume 100% interest of the property, I also assume 100% of the debt associated with the property. Probate has only just been finalised...
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    NSW Deceased Estate - Probate and Assets as Joint Tenants?

    Deceased estate. In Inventory of property, there are 2 sections: Assets owned solely by deceased and Assets owned as joint tenants with another or others. What I would like to know is whether the value of the house owned as joint tenants is to be included in the Gross value of the estate or only...
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    QLD Joint Tenant on Property Contract

    several years ago my father and brother purchased a property as joint tenants, my father paying 40% in cash and my brother borrowed 60% with a mortgage against the property. It was intended they bought the property as tenants in common, however put joint tenants on the sale contract. Recently...
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    VIC Husband Joint Tenants in Properties - Rights If I Divorce?

    My husband and brother-in-law are joint tenants in several properties. My question is, if my husband and I divorce, do I have any rights to his share of the properties (property settlement)?