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Titles >Ways to Hold Title When two or more people purchase property together, there are three ways that the title can be held. Knowing the implications of each form of ownership will help you decide how to write your deed.
"Tenancy by the entireties" is reserved exclusively for married people. Both husband and wife own an undivided interest in the property. On the death of one party, the surviving spouse owns the entire property and no probate will be necessary. When unmarried persons buy a home together, they should seek legal advice regarding how title should be held. As "tenants in common" each party owns a percentage interest in the property. On the death of one party his or her interest does not go to the surviving owner but is distributed in accordance with the will of the deceased, whose estate must be probated. As "joint tenants" each party owns an undivided, equal interest that passes automatically to the surviving joint tenant. Probate is not necessary if the deed reads "joint tenants with rights of survivorship".
It is important to know that in most courts, if a deed is written without specification of how title is held, the property is titled as "tenants in common."
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What is the world's longest frontier?
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At 3,987 kilometers (3,987 miles), the border between Canada and the U.S. is the longest in the world. |
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James Van Note
Rhodes, Van Note & Company Realtors
635 Valley Road
Upper Montclair, NJ. 07043
Phone: 973-818-7491
Fax: 973-744-7997
Email: jamesvannote@NUMBER1EXPERT.com
I have been actively involved in real estate for fifteen years as a sale associate, investor and developer and have been an agent for Rhodes Van Note for eleven years. I grew up in the Montclair community and participates in the local rugby and soccer teams. Growing up here gives me a first hand knowledge of the area and helps me match my clients' lifestyle with Montclair and our surrounding communities. My experience in real estate development and the construction field gives me the understanding of the fundamentals of a house and I am able to help both buyers and sellers assess their needs.
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