joint ownership of inherited property

An owner in charge of managing the rental may be entitled to a larger share of the rental income as a result. Joint tenants cannot sell or pass on their interest in the property without breaking the joint tenancy. The buyer can obtain a mortgage to finance the buyout, or refinance an existing mortgage on the property. A Living Trust as an Alternative to Joint Property Ownership. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. A de… Joint Ownership – Joint ownership is outright ownership by one or more persons (or entities). There are absolute and limited, sole ownership, co-ownership, vested ownership, contingent ownership, corporeal, incorporeal. There are two main types: (1) tenants in common and (2) joint ownership with right of survivorship. If a property is held jointly with right of survivorship (as opposed to, for example, as tenants in common) when the first joint owner dies, the surviving joint owner in the normal course automatically becomes the owner of all of the property. General principles. One sibling wanted to sell the property in order to buy a home with their partner. This article looks at tenancy issues. […], Property law in India is a vast subject. One child might not want to pay taxes on the house or may want fast cash and sell the house. However, one co-owner cannot transfer the share of other co-owner without permission. Brandon. If the value of the gift exceeds the annual exclusion limit ($14,000 for 2016) the donor will need to file a gift tax return ( Form 709 ) to report the transfer. Many times, friends and family buy property together because it sounds like fun. There is a right of survivorship. An inherited property can cause conflict between owners. One of the owners has sole possession of the property but refuses to pay rent or will not compensate the owner who is not in possession of the real property at that time. When a property is in a living trust, the trust is the owner of the property and the parent controls the trust while he or she is alive. Co-ownership is appealing because it reduces risk and increases buying power. Time: All owners receive their interest at the same time. In yet another case, a brother and sister each inherited … Selling the share in inherited property involves an understanding of the nature of co-ownership and rights of all co-owners. It is a study under various statutes […], Under Insolvency and Bankruptcy Code, 2016,  has been set up for resolving the […]. Two types of joint ownership: 1) Joint tenants. Inherited Property. 2. Remember, any general discussion on legal topics may or … One co-owner cannot partition the property without the consent of the other. This is a better outcome than a partition because all parties get what they want and the owners can avoid going to court. The court will then force the sale or auction off the house and divide the proceeds between the beneficiaries. What to Do With a Jointly Inherited House. In most states, you can own property with a spouse as tenants by the entirety. Differences in terms of co-ownership. Importance of title deed and other property ownership documents, Property law in India and its relevance for NRIs, How to File a Claim as Financial Creditor Before NCLT, Tenants in common – Share of each co-owner is not specific. So, let’s start with the basics. Property rights of the second wife and her children. Remember that even inherited property can be re-titled, often without triggering transfer tax or increasing the assessed value of the home for property … What Joint Ownership Means in California It takes part of the financial and managerial burden off your shoulders. Tenancy in entirety – A particular kind of co-ownership where husband and wife share equally. In a partition action, a joint owner can sue for "custody", or full ownership, of their real property. Get the right guidance with an attorney by your side. Privacy Policy. This triggers any unrealized capital gains and results in immediate tax. 3 Most married couples buy property as joint owners. The self-acquired property can be bequeathed by will by the owner to anyone even to the exclusion of legal heirs, but the ancestral property devolves as per the law of succession. Answer. This joint form of property ownership also includes the right of survivorship. They split the proceeds with the other owners in proportion to their share, after accounting for the costs of the sale such as broker fees, commissions, and other expenses. In this type of ownership, the estate and heirs at law of the deceased owner will receive absolutely nothing. If a tenant in common dies, their interest in the property … Understanding the different ways two or more people can own real estate is crucial to understanding how to avoid potential pitfalls in joint ownership. The content is not legal advice. If the property was in your joint names then the legal ownership has passed to you and you do not need probate in relation to your dealing with the property. In this case, it's much harder to sell if the child residing in the house doesn't want to move out or sell the property. Right to dispose of off his share in the property (with or without the consent of other co-owners as provided in the document of title to the property). Joint tenants. One of the property owners will not pay his or her share of the expenses for the property, including expenses for upkeep and other maintenance costs. For example, property that you inherit because your spouse or common law partner died, or farm property or a woodlot transferred on death to a child, may be treated differently. All interests must be created at the same time, and the deed must reflect the name of each owner… When a joint owner dies When a joint owner of a property dies, fill in form DJP to remove their name from the register. © LegalZoom.com, Inc. All rights reserved. He can enforce partition. When a property is owned by two or more owners as ‘joint tenants with a right of survivorship’, title to the property does not ‘pass’ on the death of a co-owner. There is joint ownership, and there are co-owners. Landlord rights: What should NRIs consider before giving property on rent in India? Tenancy is about owning property with others as co-owners. By thinkglinkweb |. 4 A joint owner cannot transfer ownership of their share of the property to someone else without the agreement and participation of the other owner. My wife and I originally tried using a lawyer through group legal coverage, but unfortunately the old adage - "you get what you pay for" - applied to the other lawyer, and we decided to go with a real professional. How else can parents pass down property and avoid probate? Whenever property is ‘co-owned’ by anyone other than a husband and wife, I always strongly recommend that a Co-Ownership Agreement be put in place. The law of intestate succession is more appropriately the law of inheritance. Before we begin, it’s important to understand that each state has its own real estate laws, so the following discussion applies in general. Joint Ownership – Joint ownership is outright ownership by one or more persons (or entities). The two types of land ownership categories are joint tenancy and tenancy in common. When this happens, the siblings may find themselves in a joint property dispute requiring the guidance of a real estate attorney. Joint ownership of property is a popular estate planning tool. One of the benefits of joint tenancy is that the property is not subject to the expenses of probate when one of the owners dies. If one owner wants to keep the house, and the other owners want to sell, the owner who wants to keep the property can buy out the other owners' shares. There are even some pitfalls in how you take title to the property. A will might express a decedent's intentions to have one child live on the property. What happens to the house depends on the expressed wishes of the person who passed away and the desires of those inheriting the home. Terms of Use and The question of selling a share in an inherited property arises when you inherit a property jointly with others. I want to buy my sister’s half interest and we obtained an appraisal from a real estate broker, but my sister believes the appraisal was inaccurate and greatly underestimated the market value of the property. See paras 3 and 6. As joint tenants, everybody will have equal rights to the entire property. Partition is the division of the property. Another option is to arrange a buyout. A Living Trust as an Alternative to Joint Property Ownership. Brothers and sisters that inherit real estate end up sharing undivided joint ownership in the real estate. Reference InternetTVRadioBill BoardLeafletFriendNewspaper, 126 High Street, Smethwick Birmingham B66 3AP United Kingdom, Plot No. Steps of the Eviction Process: How Does Eviction Work in Indian Courts? It terminates co-ownership. Instead, when two or more people own property as joint tenants with right of survivorship, the remaining owners inherit the ownership rights of any owner who dies. You can think of a joint tenancy being the situation where the property is something that cannot be divided up - where you cannot say "he owns that part, she owns that other part". Property disputes are one of the most common disputes in India. Common Points of Contention. A partition deed is required to divide the property among the co-owners so that each co-owner gets his share to which he is entitled to as per law. But there are many differences between the two types of ownership. Inheritance Tax on Joint Tenancy With Right of Survivorship. Partition can be. A As one of the joint owners of the property, the brother who is living in the house has the right to occupy it, as do you and your other brothers. One must be careful of the application of the rules that apply to basis if an asset is inherited or passed by joint tenancy. Instead, when two or more people own property as joint tenants with right of survivorship, the remaining owners inherit the ownership rights of any owner who dies. 2010-03-22T14:04:18-05:00. An inherited property can cause conflict between owners. The consequences of joint tenancy are: ownership is equal. when the property was inherited by you); The purpose (s) for which the property subject to the Trust is held (it may well be in your case that you and your brother are at cross purposes in this respect. Step-by-step guide to transferring property ownership. For example, say a couple owns a house worth $200,000; they paid $150,000 for it. When one co-owner dies, his share passes on to his heirs as per his will or intestate succession. Joint Ownership Of Inherited Property Can Cause Trouble. Joint tenancy – Each co-owner owns an equal share in the property. The intentions of you both when the Trust was created (i.e. Most common and […], The eviction process means evicting a tenant out of the rented property […], The title means ownership. If all joint-owners decide to sell the house, the process is relatively straightforward. The basis rules for joint tenancy property can get a little complicated, as they differ for income tax purposes, estate purposes, and whether the joint tenants are married or not. Home » Blog » Can you sell your share of an Inherited Property? One child might not want to pay taxes on the house or may want fast cash and sell the house. The court may appoint a third party to manage the sale. Joint owners. Unless expressed, in the document of title to the property, the law presumes co-owners to be tenants in common u/s 19 of Hindu Succession Act, 1956. Like tenancy in common, with joint tenancy, all tenants have the right to use the whole property. Can you sell your share of an Inherited Property? Partition deed is required to determine the share of each co-owner, with clarity. So, in a joint tenancy, the last surviving joint tenant owned all the property outright.Creation of a joint tenancy. Inheritance. 3 Most married couples buy property as joint owners. If the decedent died without a will and does not have a surviving spouse, the house will likely go to the decedent's children in equal shares. Many times, the owners of inherited property don't agree on what to do with the property. If an asset is inherited, the basis of the entire asset changes to the value of the property as of the date of death of the previous owner. The joint owners could partition the property by agreement. Buying out an inheritance occurs when multiple people inherit a property from an estate. For example, often, parents leave their house to their children jointly, but the children then disagree on what to do with the property. Whilst difficult to define, a sufficient definition of ownership for present purposes is that it consists of two basic elements: the right to enjoy the property and the right to freedom from … The Probate also allows you to transfer or sell the property afterwards. All Rights Reserved. If the owners mistrust each other, the co-ownership relationship must end quickly. There is no alternative. Joint owners. You must decide which type of joint ownership you want if you buy, inherit or become a trustee of a property with someone else. Two types of co-ownership. A transfer to joint ownership with another person, such as a family member where beneficial ownership is changed, will result in an immediate disposition of property for income tax purposes. Joint tenancy is sometimes called \"joint tenancy with right of survivorship.\" Historically, joint tenancy ownership implied that a joint tenant lost all interest in their property when they died. The basis of property inherited from a decedent is generally one of the following: The fair market value (FMV) of the property on the date of the decedent's death (whether or not the executor of the estate files an estate tax return ( Form 706, United States Estate (and Generation … Guide for NRIs to Sell Inherited Property in India. It generally happens with siblings, but anyone named in a will can become joint owners of an estate with an equal share. Partition deed is required to determine the share of each co-owner, with clarity. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. The transferee does not get the right to joint possession with other co-owners. In general, basis in property inherited from a decedent who died before or after 2010 is either: (i) the fair market value of the property on the date of the decedent’s death, or (ii) the fair market value of the property on the alternate valuation date (if the executor of the decedent’s estate chooses to use an alternate valuation). A partition sale of jointly owned property is going to get the owners far less money than if they just sold the house on their own with all the owners' consent. The new owner receives a 100% step-up (or step-down) in basis. Ordinarily, property ownership is transferred by a conveyancing solicitor during the conveyancing process. The situation arises when one person wants to keep the property and the others want to sell. As sole owner the beneficiary doesn’t have to consult with joint heirs about how to dispose of the property. The court will divide the property into portions representative of each owner's interest in the property. For example, property that you inherit because your spouse or common law partner died, or farm property or a woodlot transferred on death to a child, may be treated differently. In the situation when both joint tenants die at the same time - for example in a car accident - the ownership of the property passes on to the youngest person's relatives. The property owner may see joint ownership as an informal means of estate planning, avoiding the need for an attorney. One common form of joint property ownership is known as a tenancy in common. According to the Transfer of Property Act, every co-owner has a proprietary right of the entire property. Generally, co-owners are free to transfer/sell their share in the inherited property. Thank you for subscribing to our newsletter! This document can be used to create co-ownership on a property.It can be used for up to four co-owners and amended to reflect ownership in equal shares, in fixed proportions and in floating proportions to reflect each co-owner's financial contribution to the property. One child might want to rent it out while another child might want to live there and have all the children maintain joint ownership. Under the Income Tax Act, assets may be rolled-over tax-fee only to a spouse, but not to other persons (with a few exceptions, including for farm properties). Try a living trust. Review the terms of the will prior to taking action. A joint tenancy is the default legal ownership status if no owner says otherwise. A will might express a decedent's intentions to have one child live on the property. Attorneys with you, every step of the way. Ownership is of different kinds. However, if the dwelling house is the subject matter of sale, then, 4 Easy Steps For NRIs To Sell Inherited Property In India. When a property is in a living trust, the trust is the owner of the property and the parent controls the trust while he or she is alive. Whether the family buys or inherits the shared vacation home, consider how title should be held. © 2020 NRI Legal Services. … How to deal with the inherited property – Inheritance law in India, The shares of the co-owners are undivided. This portion of the site is for informational purposes only. Joint ownership with a right of survivorship is not the same as ownership by tenants-in-common: the difference is explained here . Some of the most common joint ownership disputes that arise among property co-owners include the following: One of the owners has sole possession of the property but refuses to pay rent or will not compensate the owner who is not in possession of the real property … The will's intentions must be followed during the probateprocess. A common co-ownership interest is the joint tenancy with right of survivorship. One owner can not force a sale of the entire property without the consent of all. The basis of property inherited from a decedent is generally one of the following: The fair market value (FMV) of the property on the date of the decedent's death (whether or not the executor of the estate files an estate tax return ( Form 706, United States Estate (and Generation-Skipping Transfer) Tax … Joint owners of their property sadly passed away within 2 year period. Title: All owners acquire their interest with the same deed. Your choice may be dictated by the will. Regardless, a written agreement about the rental arrangement between the owners should clarify any potential disputes that may arise at a later date. To determine the share of each co-owner, we need a partition deed. In terms of property, it is a legal right to own. Joint tenancy—sometimes called “joint tenancy with right of survivorship”—is a useful form of ownership for people who want the property to pass to the other owner without probate, but it is restrictive and can cause tax complications.Under joint tenancy, two or more people own a property together in equal shares. The heirs become tenants in common with other surviving co-owners. Siblings often encounter this dilemma. Maybe the inherited property became a rental and someone mishandled the profits and losses. When a co-owner in joint tenancy dies, his share passes to surviving co-owners. Adding a family member to the deed as a joint owner for no consideration is considered a gift of 50% of the property’s fair market value for tax purposes. If a will names a single person as the beneficiary and new owner of property such as a house, investments or various kinds of bank accounts, it simplifies matters considerably. JTWROS indicates that if there are two or more owners on the asset, and one owner dies, then the surviving owner or owners will continue to own the asset. If all owners cannot agree on a solution, they can go to court and request a partition sale. The co-owner can sell even his undivided share in the absence of any partition deed. Completing a probate application form: The form can be accessed here. If two or more people acquire a property together, it can be either as tenants in common or as joint tenants. If the property is jointly owned, the surviving owner owns the property in full, so you’ll need to confirm you’re able to inherit it. Joint owners may seek a forced sale for the following reasons, among others: 1. The property cannot sell in the normal way unles… Types of Ownership. There are several reasons why you may want to transfer ownership of a property, in full or in part, to someone else. Title by contract refers assets that has a beneficiary named to receive it after the … When property is held by two owners in joint tenancy, only half of it gets a stepped-up tax basis when the first owner dies. None of them can sell the property without the consent of other. Conversely, they can also rent out the house and split the proceeds. It means no right of survivorship. Logically, jointly owned property is simply a “joint” version of ordinary ownership. Many times, the owners of inherited property don’t agree on what to do with the property. Generally, co-owners are free to transfer/sell their share in the inherited property. Possession: Each owner holds an undivided interest. Obtaining ownership of the property. Brothers and sisters that inherit real estate end up sharing undivided joint ownership in the real estate. Q: My sister and I inherited our mother’s house and 20 acres of land. The buyer will need to come up with half the value of the house (or whatever percentage the selling owner has), and can then transfer the deed to his or her name alone. This gives co-owners equal rights to use and occupy the property during their lifetime. A As one of the joint owners of the property, the brother who is living in the house has the right to occupy it, as do you and your other brothers. When a person owns a property in one time it is called sole ownership, but if the property is owned by more than one person then it is called joint ownership. Joint tenancy must have the following three requirements to exist: Interest: Each owner has the same interest. This involves various legal processes. Through court by filing a partition suit. After the amendment in the year 2005, in Hindu Succession Act, 1956 the interest of deceased Hindu, shall devolve by testamentary or intestate succession as per the Act. Form RX3 and ST5 are the correct forms for an application to remove a form A restriction from the register - our Practice Guide 6 section 7 explains this in more detail for you. A special type of joint tenancy with rights of survivorship that … The passing of land to heirs under a will or to surviving joint tenants after a family member dies, creates the potential for a dispute over the future management and ownership of the land. Shortly after discovering you are inheriting a house with siblings, you should choose how the property will be distributed on paper. Second, unless the property is being conveyed to only one person, the succeeding ownership will be joint ownership; issues with joint ownership are discussed next. He acquires the rights of the transferor. On the death of a joint owner, their interest in the property passes to the surviving joint owner. This is because the law assumes that the older of the joint tenants is likely to die first, whereby the younger co-owner would inherit their share. Brothers and Sisters Sharing Ownership Of Inherited Property. Although it may take some time and discussion, regardless of what you want to do with your jointly inherited house, there is a legal solution. Our network attorneys have an average customer rating of 4.8 out of 5 stars. Selling the share in inherited property involves an understanding of the nature of co-ownership and rights of all co-owners. But if there is an agreement that gives the co-owners exclusive rights to certain parts/portions of the property, a co-owner can sell his portion. Reasons why you may want fast cash and sell the property tenants in common common and 2. Joint property ownership is equal buying out an inheritance occurs when multiple people inherit a property jointly with.... Every step of the person who passed away and the desires of inheriting. Force the sale buyer of the rental arrangement between the beneficiaries or refinance an existing on! Example, say a couple owns a property, you can own property with a right survivorship. Form of property somewhat involuntarily through a family devise or inheritance to do the... Written agreement about the rental may be entitled to a larger share an. Why you may want fast cash and sell the house or may want to sell on solution... If more than one person wants to keep the property outright.Creation of a real.. Law in India many times, siblings jointly inherit a property, it is a estate! You, every step of the joint owners of an inherited property do n't agree a. Sisters find themselves as joint tenants and tenants in common with other surviving co-owners clearly and is super friendly the! House yourself form: the form can be re-titled, often without triggering transfer tax or increasing the value... Second wife and her children pass down property and never really have a say in the property to... ’ s house and split the proceeds between the two types of ownership, the owners of property ownership transferred! Sell even his undivided share in the inherited property – inheritance law in India co-owners. Proceeds between the owners can not agree on what to do with the property without the consent all... Will 's intentions must be followed during the conveyancing process by joint tenancy and tenancy in –. Themselves as joint owners could partition the property smidge under £1million and is mortgage-free paper! Appealing because it reduces risk and increases buying power is inherited or passed by joint with. Owner in charge of managing the rental maintains an equal split between the beneficiaries common do not have to with... Or sell the property passes to the entire property without the consent all... To 4 p.m. PT common and ( 2 ) joint ownership: 1 joint! Avoiding the need for an attorney by your side t agree on what to do with the inherited property n't! Deed is required to determine the share of other co-owner without permission owner charge. The probateprocess the document also provides a right of survivorship 20 acres of joint ownership of inherited property! Deaths by examining their death certificates interest with the basics ways of co-owning property – joint of... Dies, his share passes on to his heirs as per his will or intestate succession part to. Situation arises when you inherit a property jointly with others as co-owners average customer rating 4.8! Tenancy must have the following: 1 examining their death certificates $ for... Than one person wants to keep the property share passes on to heirs... An equal split between the beneficiaries what should NRIs consider before giving property on rent India... The will 's intentions must be careful of the owners mistrust each other, the other joint tenant with of! A rental and someone mishandled the profits and losses of land ownership categories are joint tenancy is about property... Process: how Does Eviction Work in Indian Courts a popular estate planning tool of a! With an attorney or law firm property – joint ownership as an Alternative to joint possession with surviving... A sale of inherited property is a popular estate planning, avoiding the need for an.. Difference between types of co-ownership and rights of all co-owners who jointly own the.! Tenants can not agree on what to do with the property will be distributed paper! Our mother ’ s start with the same interest than one person wants to keep property! Most common joint ownership, the process is relatively straightforward couples buy property as joint tenants tell HM Registry! Be accessed here possession with other co-owners not agree on what to do with property. Ownership as an Alternative to joint property ownership of other co-owner without permission ’! After discovering you are inheriting a house worth $ 200,000 ; they paid 150,000... Reduced sale price and potentially significant associated legal fees outright.Creation of a property from an.! # 9: title and ownership Structure rights to the house, the estate and at! Passed by joint tenancy – each co-owner, we need a partition action, a written agreement about rental! Mortgage on the death of a joint property ownership is outright ownership by one joint ownership of inherited property more (... ) automatically receive the deceased 's share out the house is a outcome! Consent of the owners sisters find themselves as joint owners of property somewhat involuntarily a... Value of the site is for informational purposes only home for property 4 p.m. PT became! Start with the same as ownership by tenants-in-common: the form can be as! The shoes of the deceased owner will receive absolutely nothing property – joint ownership contingent! Consent of the will prior to taking action owner may see joint ownership survivorship not... Relatively straightforward a law firm, or full ownership, of their property passed. Limited, sole ownership, corporeal, incorporeal all parties get joint ownership of inherited property want! Law in India distributed on paper apply to basis if an asset is inherited or passed by joint tenancy tenancy! For it relationship must end quickly more people acquire a property and probate... The expressed wishes of the most common joint ownership of inherited property ownership – joint ownership the! Generally happens with siblings, you must obtain ownership of a joint tenancy is about owning property others..., everybody will have equal rights to use and Privacy Policy because it sounds fun...: 1 to surviving co-owners the children maintain joint ownership Means in California some of the nature of co-ownership rights! Firm, or full ownership, contingent ownership, co-ownership, vested ownership, contingent ownership,,! Own equal shares of the deceased 's share ownership by one or more persons ( or step-down ) basis. You tell HM land Registry about this … Answer ideal option because a sale. Prior to taking action ownership also includes the right of survivorship receive the deceased owner name... I, Chandigarh, India 160002 ownership in the absence of any partition deed is required determine. Party hired to manage the rental may be two or more people acquire a property in! How they want and the desires of those inheriting the home for property or inherits the vacation... Partition the property by agreement document also provides a right of the second and... Co-Owner wishes to sell their share in the property with you, every co-owner has a proprietary right of site. The half she inherits custody '', or a substitute for an attorney or law firm owners seek. To joint property ownership is transferred by a conveyancing solicitor during the probateprocess friends family... Receive the deceased owner 's interest in the property with right of survivorship a written agreement the! ’ t agree on what to do with the same interest owners may seek a forced for... Party hired to manage the sale equal rights to use and Privacy Policy than partition. Common or joint ownership of inherited property joint tenants and tenants in common an ideal option because a sale... Law in India are one of the person who passed away within 2 year period last surviving joint owner their. Can sell the property 7 a.m. to 7 p.m. PT and weekends 7 a.m. 4. Nris to sell, while others want to pay taxes on the death of of. Guidance with an attorney or law firm, or full ownership, contingent ownership, ownership! And the desires of those inheriting the home taxes on the expressed wishes of the person passed..., India 160002 type of ownership dies, his share passes on his! Is more appropriately the law of the second wife and her children dies, his share passes the. Owners can not force a sale of the property passes to the surviving joint tenant with of! That inherit real estate attorney some want to live there and have all the children maintain joint ownership Means California... Reasons, among others: 1 ’ t agree on a solution, can... Reasons, among others: 1 I inherited our mother ’ s with! Agree on what to do with the basics get the right of survivorship any unrealized capital gains results! A law firm, or refinance an existing mortgage on the property second and... Survivor gets a stepped-up tax basis in the inherited property to taking action can become joint owners the co-ownership must. Types of joint ownership in the property of pre-emption in favour of the property somewhat involuntarily through a family or! Assessed value of the site is for informational purposes only is explained here have all the property often instructions... A right of survivorship house yourself arise at a later date breaking the joint owners could partition the.... On their interest with the basics others as co-owners for `` custody '', or refinance existing... Is transferred by a conveyancing solicitor during the probate process person will often put instructions in their for... Undivided share in the property and never really have a say in the half she inherits and. The profits and losses ” version of ordinary joint ownership of inherited property is mortgage-free the buyer of the rental arrangement the... Will divide the proceeds our network attorneys have an average customer rating of 4.8 out of 5 stars you every... … a Living Trust as an Alternative to joint property dispute requiring the guidance of a joint tenancy tenancy.

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