Dictionary of Law

joint tenancy :: legal definition

Joint tenancy - n. a crucial relationship in the ownership of real property, which provides that each party owns an undivided interest in the entire parcel, with both having the right to use all of it and the right of survivorship, which means that upon the death of one joint tenant, the other has title to it all. Procedurally, on the death of one joint tenant, title in the survivor is completed by recording an "affidavit of death of joint tenant," describing the property and the deceased tenant, with a death certificate attached, all of which is sworn to by the surviving joint tenant. This process avoids probate of the property, but may have some tax consequences which should be explored with an accountant at the time of recording the original deed. If the owners do not want full title to the property to pass to the survivor, then joint tenancy should not be used. Joint tenancy (as well as any other common ownership) between a parent and a minor child should be avoided since the property cannot be transferred in the future without the parent becoming appointed a guardian of the child's estate by court order, and the property and the proceeds therefrom will be under court control until the child is 18. In community property states, some courts have found that joint tenancy presumes that the property is not community property (which could result in loss of estate tax limitation on the death of the first spouse to die), but proof of community interests can be established. A bank account held in joint tenancy also presumes a right of survivorship, but this presumption can be overcome by evidence that the account was really the property of only one, and the joint tenancy was for convenience.

See also: community property tenancy in common title and Related Law Terms ↓

Related Law Terms

abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
abstract of title :: n. the written report on a title search which show ... e also: chain of title title report
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
ad valorem :: adj. Latin for "based on value," which applies to ... per parcel. See also: property tax
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death
adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement
after-acquired title :: n. title to property acquired after the owner atte ... ed title goes automatically to Sam.
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision.
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
assess :: v. to set a value on property, usually for the pur ... e place upon sale of real property.
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
attorney of record :: n. the attorney who has appeared in court and/or s ... eve have long since been completed.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
child support :: n. court-ordered funds to be paid by one parent to ... ild custody divorce spousal support
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
claim against an estate :: n. upon the death of a person and beginning of pro ... ade to the heirs. See also: probate
collateral :: 1) n. property pledged to secure a loan or debt, u ... ral to the Colorado divorce action.
color of title :: n. the appearance of having title to personal or r ... rty based on this "color of title."
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests.
community property :: n. property and profits received by a husband and ... and distribution separate property
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
contemplation of death :: n. the anticipation of death in a relatively short ... e also: unified estate and gift tax
contingent interest :: n. an interest in real property which, according t ... ontingent remainder future interest
convey :: v. to transfer title (official ownership) to real ... ion conveyance deed grantee grantor
conveyance :: n. a generic term for any written document which t ... r Recorder of Deeds. See also: deed
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
cotenancy :: n. the situation when more than one person has an ... y by the entirety tenancy in common
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed
deed of trust :: n. a document which pledges real property to secur ... : foreclosure mortgage reconveyance
defect :: n. an imperfection, quite often so great that the ... See also: defective defective title
defective title :: n. an apparent title to real property which fails ... so: chain of title defect defective
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
dominant estate :: n. in real estate law, the property retained when ... See also: easement servient estate
double taxation :: n. taxation of the same property for the same purp ... it is not discriminatory or unfair.
dower :: n. an old English common law right of a widow to o ... t and distribution widow's election
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
emancipation :: n. freeing a minor child from the control of paren ... vorced parent to pay child support.
encumbrance :: (incumbrance)n. a general term for any claim or li ... and must be paid for at some point.
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ
error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand
escrow :: 1) n. a form of account held by an "escrow agent" ... w the deal." See also: escrow agent
estate tax :: n. generally a federal tax on the transfer of a de ... commonly called an inheritance tax.
eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
executor :: n. the person appointed to administer the estate o ... sed decedent executrix probate will
forfeit :: v. to lose property or rights involuntarily as a p ... drunk driving. See also: forfeiture
foster child :: n. a child without parental support and protection ... local government or a state agency.
franchise :: 1) n. a right granted by the government to a perso ... on property, income or profits tax.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax.
gift in contemplation of death :: n. (called a gift causa mortis by lawyers showing ... ift tax unified estate and gift tax
goodwill :: n. the benefit of a business having a good reputat ... an unknowing buyer. See also: sale
grant :: v. to transfer real property from a title holder ( ... deed grantee grantor quitclaim deed
grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed
grantor-grantee index :: n. a set of books and/or computerized lists found ... ument in tracking a chain of title.
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
heir :: n. one who acquires property upon the death of ano ... y pretermitted heir succession will
impound :: v. 1) to collect funds, in addition to installment ... cases. See also: forfeit forfeiture
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
land :: n. real property, real estate (and all that grows ... See also: real estate real property
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
legal separation :: n. a court-decreed right to live apart, with the r ... n is rarely used. See also: divorce
letters of administration :: n. a document issued by the court clerk which stat ... estate. See also: executor probate
letters testamentary :: n. a document issued by the court clerk which stat ... te. See also: administrator probate
leverage :: 1) n. the use of borrowed money to purchase real e ... e been created by risky leveraging.
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
marital deduction :: n. an estate tax deduction allowed a surviving spo ... community property estate tax trust
marketable title :: n. the title to real property which has no encumbr ... e. See also: contract real property
matter of record :: n. anything, including testimony, evidence, ruling ... cussions not written down or taped.
merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other.
minutes :: n. 1) the written record of meetings, particularly ... court reporter if recorded at all.
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
month-to-month :: adj. referring to a tenancy in which the tenant pa ... e also: landlord and tenant tenancy
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax
nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18.
option :: n. a right to purchase property or require another ... ng or upon expiration of the lease.
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute
possession :: n. 1) any article, object, asset or property which ... ctive possession. See also: possess
possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.
pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir
privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
privity :: n. contact, connection or mutual interest between ... with the seller. See also: contract
pro rata :: (proh rat-ah or proh ray-tah) adj. from Latin for ... e year in which he/she holds title.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
property tax :: n. an annual governmental tax on real property or ... are made. See also: ad valorem tax
protest :: 1) v. to complain in some public way about any act ... dishonored (not paid by the bank).
quasi community property :: n. in community property states, property acquired ... : community property palimony quasi
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
real estate investment trust :: n. nicknamed REIT, a real estate investment organi ... its upon sale-if there is a profit.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant
remainder :: n. in real property law, the interest in real prop ... ed reversion title vested remainder
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
rule against perpetuities :: n. the legal prohibition against tying up property ... . See also: restraint on alienation
separate property :: n. in community property states (California, Texas ... pouse. See also: community property
servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement
special administrator :: n. a person appointed by the court in a probate pr ... or administrator. See also: probate
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
survivorship :: n. the right to receive full title or ownership du ... onvenience. See also: joint tenancy
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title
tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
title :: n. 1) ownership of real property or personal prope ... ink slip real property title search
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance
title search :: n. the examination of county records for the prope ... e escrow lien title title insurance
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
transcript :: n. the written record of all proceedings, includin ... unless transcription is requested.
undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common
unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder
vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested
ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian
will :: n. a written document which leaves the estate of t ... will and testament probate testator
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - J

J :: n. abbreviation for Judge, as in the Hon. William ... as in the Hon. William B. Boone, J.
Jane Doe :: n. 1) a fictitious name used for a possible female ... lso: fictitious defendants John Doe
jaywalking :: n. walking across a street outside of marked cross ... jury to the jaywalker by a vehicle.
JD :: n. short for Juris Doctor, identifying the holder ... law degree. See also: Juris Doctor
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
jobber :: n. a merchant who buys products (usually in bulk o ... buys and acts for specific clients.
John Doe :: n. 1) a fictitious name used for a possible male d ... lso: fictitious defendants Jane Doe
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial.
joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common
joint adventure :: n. when two or more people go together on a trip o ... e activity. See also: joint venture
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership
joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several
joint powers agreement :: n. a contract between a city, a county and/or a sp ... istrict or other government entity.
joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
joint venture :: n. an enterprise entered into by two or more peopl ... s terminated. See also: partnership
Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law