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Each of you owns 50 percent of the book; that is,
each of you owns fifty pages. Each of you could give your fifty
pages to anyone you like while you are each alive. Each of you can
leave your fifty pages to anyone at your death. In short, each of
you is the absolute owner of each of your respective shares of the
book. There is no limit to the number of tenants who can own
something with others in tenants in common. Commonly two, three, or
four people purchase property together, with each owning one-half,
one-third, or one-quarter of the property.
Joint tenants with right of survivorship is a
very commonly used method of owning property. This form of ownership
is commonly used but greatly misunderstood by the public. Let us
assume again that you and a friend own a 100-page book. This time
you own the book as joint tenants with right of survivorship. Unlike
tenants in common where you each own 50 percent of the book, in
joint tenants with right of survivorship you each own 100 percent of
the book. Each of you owns the entire book. There is no limit to the
number of tenants who can own something with others as joint tenants
with right of survivorship. While you are alive, you can sell or
give your part away. Such actions would change the nature of
ownership of the property between the purchaser/recipient of the
gift and the remaining tenants. The survivorship feature means that
as each individual joint tenant dies, the deceased person's interest
is automatically distributed by operation of law to the remaining
joint tenants. This is what might be called the "winner takes all"
game.
Let us assume that four people own a beach house
as joint tenants with right of survivorship. As long as more than
one of them is alive, none of their wills or trusts will control the
disposition of the beach house. If one of them outlives all of the
others, she could distribute the house to whomever she wants at her
death and totally exclude the others' families and loved ones.
Tenants by the entirety is a special form of
joint ownership that works the same as joint tenancy with right of
survivorship. It is used in some states by a husband and wife to own
real estate. For our purposes, think of this form of ownership as a
special form of joint tenancy for a married couple. The married
couple is viewed as one person.
In summary, if you own property in fee simple you
own it all, you can give it away, sell it or leave it to your chosen
beneficiaries upon your death. If you own property in tenants in
common you own part of it, you can give your part away, you can sell
your part, and leave your part on death. If you own property in
joint tenancy you own all of it with someone else, you can give your
interest away, you can sell your interest but you cannot leave your
interest on death.
How do you own your property? Why do you own it
the way that you own it? It is very likely that decisions regarding
the form of ownership of your property were made by well intentioned
others. Did the settlement attorney ask how you want to own your
home? Did your real estate agent ask you this question? If he or she
did, is your home titled the way you requested? When you went to the
bank to open a checking account, did your banker discuss the various
forms of ownership with you? When you opened your brokerage account,
did your advisor discuss the importance and ramifications of account
title? Chances are your settlement attorney, banker, and financial
advisor titled your assets in joint tenancy with right of
survivorship if your are married and in your sole name if you are
single, widowed, or divorced.
Make sure you know what you own and how you own
it. Do your estate planning documents control your property? Make
certain that what you own, how you own it, and your estate plan are
consistent with your specific planning dreams and aspirations.
Neda Dabestani-Ryba is a licensed Realtor in
Maryland. She is a member of the President's Circle of Top Real
Estate Professionals. She can be reached at (800) 536-3806 or visit
her website for more information:
http://neda.dabestani.pcragent.com/
Prudential Carruthers REALTORS is an independently owned and
operated member of Prudential Real Estate Affiliates, Inc., a
Prudential Financial company. Equal Housing Opportunity.
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