Exploring Per My Et Per Tout: Key Insights into Joint Tenancy

Q: Can a joint tenant sell their share?

Yes, a joint tenant can sell their share, but it may affect the joint tenancy arrangement.

Q: What is the difference between joint tenancy and tenancy in common?

Joint tenancy includes rights of survivorship, while tenancy in common does not.

Definition & Meaning

The phrase "per my et per tout" is derived from French law and translates to "by the half and by the whole." It refers to the concept of joint tenancy, where two or more individuals hold ownership of a property. In this arrangement, each tenant's share is considered the whole for purposes of tenure and survivorship, while it is viewed as a fractional part, or aliquot share, for purposes of alienation, or transferring ownership. This distinction is crucial in understanding the rights and responsibilities of joint tenants.

Table of content

Legal Use & context

This term is primarily used in property law, particularly in the context of joint tenancy agreements. Joint tenancy allows owners to inherit each other's share upon death, which is known as the right of survivorship. It is important in real estate transactions, estate planning, and family law. Understanding this concept can help individuals manage their property rights effectively, and users can utilize legal templates from US Legal Forms to create joint tenancy agreements or related documents.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: Two siblings inherit a house as joint tenants. If one sibling passes away, the surviving sibling automatically becomes the sole owner of the house.

Example 2: A couple owns a vacation property as joint tenants. If they decide to sell their share, they must consider how this affects their joint ownership status (hypothetical example).

State-by-state differences

State	Joint Tenancy Rules
California	Allows joint tenancy with rights of survivorship, but requires clear language in the deed.
Texas	Joint tenancy is recognized, but the right of survivorship must be explicitly stated in the deed.
Florida	Joint tenancy is permitted, and the right of survivorship is automatic unless stated otherwise.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Joint Tenancy	Ownership by two or more individuals with rights of survivorship.	All owners have equal shares and rights to the property.
Tenant in Common	Ownership by two or more individuals without rights of survivorship.	Each owner can sell their share independently, and shares can be unequal.

Common misunderstandings

What to do if this term applies to you

If you are considering entering into a joint tenancy, it is advisable to consult with a legal professional to understand the implications fully. You can also explore US Legal Forms for ready-to-use legal templates to create a joint tenancy agreement. If you face complex issues related to property rights, seeking professional legal help may be necessary.

Find the legal form that fits your case

Browse our library of 85,000+ state-specific legal templates.

This field is required

Quick facts

Joint tenancy involves two or more owners.
Each owner has equal rights to the property.
Right of survivorship allows automatic transfer of ownership upon death.
Alienation of a share can impact joint tenancy status.

Key takeaways

Frequently asked questions

What happens to a joint tenancy if one owner dies?

The surviving owner automatically receives the deceased owner's share of the property.