Joint Tenants with Right of Survivorship | Legal Landlord Services

Are you in the process of buying a property with other investors or other private parties?

A common term you may encounter is JTWROS, which is short for “Joint Tenants with Right of Survivorship”.

It’s a good idea to consult a practiced real estate lawyer to help you navigate the process and explain the implications of signing a property deed with this term.

Legal Landlord Services Highlights Unity Clauses in JTWROS

To summarize, we’ll explain the main prerequisites for acquiring a property deed with JTWROS.

In a joint tenancy agreement, there are four unity clauses to keep in mind, including:

• Unity of Time – All tenants’ property interests and purchase must happen simultaneously or at the same time.  
• Unity of Title – The title must be legally transferred to all parties using the same means, whether it be a will or deed.
• Unity of Interest – All tenants have equal rights, ownership, and interest in the property, regardless of the investment amount provided by each. If the property costs $300,000 for example, and one party provides a bigger share in the cost, a joint tenancy or JTWROS stipulates that all parties have the same stake in the unit.
• Unity of Possession – This clause means that all parties get equal access to enjoying or possessing the property at any given time.

Find the Best Legal Landlord Services for Selling or Transferring Shares

Supposing three individuals bought a property together using the JTWROS clause. If one of the owners wanted to sell his or her share, they’re free to do so, even without the consent of the two remaining parties.

Nevertheless, there is an important implication in these transactions. The new buyer would not be a joint tenant with right of survivorship due to the unity of time and title mandates. Instead, the newcomer would be deemed a “tenant in common” with the remaining parties.

What About the Survivorship Clause?

This is another important consideration before taking out a joint tenancy or JTWROS property deed.

If one of the stakeholders were to die, his or her portion of the deed would automatically be split between or among the surviving parties, without having to go to probate. More importantly, creditors would be denied access to this asset should one party pass away.

A JTWROS agreement isn’t the typical path to joint ownership. JTWROS is predominantly used by banks, investors, and other forms of business dealings. The big draw is that should a death occur, the surviving parties get an opportunity to bypass the lengthy probate process, without beneficiaries, heirs, and creditors pursuing stakes or shares in the property.