Joint Tenancy
Joint tenancy is one of the most common type of Real Estate titles and refers to joint ownership. If two people own one piece of Real Estate property in a joint tenancy agreement then the owners are called joint tenants.
What does joint tenancy mean?
Joint tenancy means both or all the owners have undivided interest in the Real Estate property. All joint tenant owners are equal owners of the property.
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What does undivided interest mean?Undivided interest means that each joint tenant owns the entire property and has equal rights to use all of the property. A joint tenant cannot sell their interest in the tenancy without destroying the joint tenancy. |
Seizing a Joint tenancy property
Real Estate property held as a joint tenancy cannot be seized easily. This is because there is ownership held by another tenant.
However is it possible for the courts to change the way Real Estate title is held to another form of tenancy such as tenant in common. Tenant in common interest are held separately so a creditor can then just take over a tenant in common ’s individual ownership.
