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Do I still have rights to the property as a joint tenant even though I do not live there?

Do I still have rights to the property as a joint tenant even though I do not live there?

Full question:

I currently own a home with another individual and the property is listed as joint tenants in common with right of survivorship. I am on the deed, title, and mortgage. I am currently working on a buy-out agreement with this individual. By law, am I entitled to have a key to access this property even though I currently do not live there or have personal belongings there?

Category: Real Property
Subcategory: Joint Tenants
Date: 04/07/2025
State: National

Answer:

Each joint tenant has an equal, undivided interest in the whole property. Each joint tenant may enter onto, take possession of the whole, occupy, and use every portion of the common property. However, a court order, such a restraining order, may alter this right.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does joint tenancy with right of survivorship override a will?

Yes, joint tenancy with right of survivorship generally overrides a will. When one joint tenant passes away, their share of the property automatically transfers to the surviving joint tenant, regardless of any provisions in a will. This means the deceased's interest in the property does not go through probate and is not distributed according to their will. However, it's advisable to consult a legal professional for specific situations. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the difference between joint tenants with rights of survivorship and tenants by the entirety?

The main difference is in ownership structure and legal implications. Joint tenants with rights of survivorship can be any two or more individuals, and each has equal rights to the property. In contrast, tenants by the entirety is a special form of joint ownership available only to married couples, where neither spouse can sell or transfer their interest without the other's consent. Both forms include the right of survivorship, but tenants by the entirety offers additional protections against creditors. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What does joint account with right of survivorship mean?

A joint account with right of survivorship is a bank account owned by two or more individuals, where the surviving account holder automatically inherits the account balance upon the death of one owner. This arrangement allows for easy transfer of funds and avoids probate, similar to joint tenancy in real estate. Each owner has equal access to the account during their lifetime. However, it's important to understand that both parties can withdraw funds, which may affect the account balance. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the right of survivorship on a gift deed?

The right of survivorship on a gift deed means that when one party who holds the property as joint tenants passes away, their interest in the property automatically transfers to the surviving joint tenant. This arrangement is often used in estate planning to ensure that property passes directly to the surviving owner without going through probate. It is important to clearly specify the right of survivorship in the deed to ensure it is legally recognized. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*