tenants in common

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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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    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...
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    VIC Tenants in Common - Changing Ownership After Lot has been Subdivided?

    Hello, I purchased a property in Melbourne with my wife as a tenants in common, where I have 20% ownership and my wife has 80%. Now, the lot is going to be subdivided into 3 lots and 3 houses will be built. Therefore, there will 3 titles, one for each house. I wonder if I can change the...
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    NSW Tenants in Common - How to Get Resident to Leave?

    I have filed to force a sale on a 50/50 tenants in common property (since other party doesn't want to sell), but one of the tenants are refusing to leave the property. He is not named on the other 50% tenants in common, he does not pay rent, and there is no contract in place allowing him to...
  4. D

    Tenants in Common - 1 share holder has loan on property.

    I am a 50/50 share holder of property as 'Tenants in Common'. The other party secured a loan with bank, I agreed to co-guarantee. Due to misleading circumstances by the other party and Bank, I was released from the guarantor by the FOS. The other party defaulted on the loan and the Bank tried...
  5. J

    NSW Tenants in Common - Forced Sale Without the Other's Permission?

    Can a 50/50 partner who owns a home tenants in common with her sister force the sale of the entire property without the other's permission under property law?
  6. N

    WA Claim refund of costs from other Tenant in Common

    Dear Sir/Madam I am considering my legal options and would appreciate some advice regarding a Tenants in Common issue. In 1994 in Perth WA a townhouse had been purchased mortgage/debt free, financed with funds from several family members. The property was registered as Tenants in Common to...
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    NSW Tenants in Common sale between husband and wife

    I have an elderly neighbour how has been and still is married to her husband for over 30 years (2nd Marriage) Their family home was purchased as tenants in common when they were first married. The ladies husband is now in a nursing home and she lives alone and is looking at the possibility of...
  8. S

    VIC Tenants in common dispute

    My husband and I own a investment property in NSW. I own 7/10 share and he owns 3/10 share as Tenants in Common. I want to sell as we really are struggling to afford to keep it but he doesn't want to. How can I sell it if he doesn't agree to sell?
  9. Rod

    VIC Tenants in Common with De Facto?

    Hi guys, Facts: Father dies leaving a valid will. Father was sole proprietor on title for house. Probate has been granted. Will stipulates 50% of real property to de facto, 50% split between kids. De facto also gets life estate. Questions: Is it OK for executor to transfer title solely into...
  10. S

    WA Tenants in Common be changed illegally

    Hello Can an executor put a Tenants in common land title in their name with out the other owner knowing about it ? If so can that executor then steal the title and use for them self? Any help please.