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Is a joint tenant not married to the owner considered a co-owner?

Is a joint tenant not married to the owner considered a co-owner?

Q: Does joint tenancy with right of survivorship override a will?

Yes, joint tenancy with rights of survivorship overrides a will. When one joint tenant dies, the surviving tenant automatically receives the deceased's share of the property, regardless of the instructions in the will. This means that the property is not included in the deceased's estate and does not go through probate.

Q: What does joint account with right of survivorship mean?

A joint account with right of survivorship means that two or more individuals can access and manage the account together. Upon the death of one account holder, the surviving holder(s) automatically gain full ownership of the account's funds. This arrangement provides a smooth transition of assets without the need for probate.

Full question:

If you live with a person but are not married, and that person is listed on the deed as a joint tenant with rights of survivorship, would that person be legally considered to be a co-owner of the property? Would that person be required to the necessary documents to sell the property such as the deed and the seller's disclosure statement?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Pennsylvania

Answer:

Yes, a person listed as a joint tenant with rights of survivorship is legally considered a co-owner of the property. Joint tenancy allows two or more individuals to own property together, and upon the death of one joint tenant, the surviving tenant automatically inherits the entire property. This is known as the right of survivorship.

State law governs how joint tenancy is established, and it typically requires that the deed explicitly states the intention to create a joint tenancy. Each joint tenant has an equal, undivided interest in the property and can use and occupy it fully.

To sell the property, all joint tenants must sign the necessary documents, including the deed and the seller's disclosure statement. This ensures that all co-owners agree to the sale.

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

What is the best tenancy for an unmarried couple?

For unmarried couples, joint tenancy with rights of survivorship is often considered the best option. This arrangement allows both partners to own the property equally and ensures that if one partner passes away, the other automatically inherits the entire property. However, couples should also consider their specific circumstances and consult a legal professional to determine the most suitable arrangement.

Does a survivorship deed override a will?

Yes, a survivorship deed typically overrides a will. When property is held in joint tenancy with rights of survivorship, the surviving tenant automatically inherits the property upon the death of the other tenant, regardless of what the will states. This means the property does not pass through probate and is not subject to the terms of the deceased's will.

What is the disadvantage of the right of survivorship?

One disadvantage of the right of survivorship is that it can limit how property is transferred upon death. If one joint tenant dies, the property automatically goes to the surviving tenant, bypassing the deceased's will or estate plan. This can create complications if the deceased intended for the property to go to someone else, such as children from a previous relationship.

What is the right of survivorship on a gift deed?

The right of survivorship on a gift deed means that if a property is given to two or more people as joint tenants, upon the death of one tenant, the surviving tenant(s) automatically inherit the deceased's share. This arrangement ensures that the property does not go through probate and is passed directly to the surviving joint tenant(s).