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survivorspousepetition

A co-owner of a joint tenancy with rights of survivorship deed may sever the joint tenancy by filing a petition to partition. A petition to partition is a legal right, so usually there is no way to stop such an action. When a court grants a partition action for a joint tenants with rights of survivorship deed, the property is either physically broken into parts and each owner is given a part of equal value OR the property is sold and the proceeds are distributed equally between the co-owners regardless of contribution to purchase price. No credits would be issued to any tenant who may have made a superior contribution toward purchase price.

Like a Joint Tenancy with Rights of Survivorship, the tenancy by the entirety also encompasses a right of survivorship, so if one spouse dies, the entire interest in the property is said to "ripen" in the survivor so that sole control of the property ripens, or passes in the ordinary sense, to the surviving spouse without going through probate. In some jurisdictions, to create a tenancy by the entirety the parties must specify in the deed that the property is being conveyed to the couple "as tenants by the entirety," while in others, a conveyance to a married couple is presumed to create a tenancy by the entirety unless the deed specifies otherwise.[10] (see also Sociedad de gananciales. Also, besides sharing the four unities necessary to create a joint tenancy with right of survivorship – time, title, interest, and possession – there must also be the fifth unity of marriage. However, neither party in a tenancy by the entirety has a unilateral right to sever the tenancy. The termination of the tenancy or any dealing with any part of the property requires the consent of both spouses.

Some US jurisdictions no longer recognize tenancies by the entirety. Where it is recognized, benefits can include the ability to shield the property from creditors of only one spouse, as well as the ability to partially shield the property where only one spouse is filing a petition for bankruptcy relief.If a non-debtor spouse in a tenancy by the entirety survives a debtor spouse, the lien can never be enforced against the property. On the other hand, if a debtor spouse survives a non-debtor spouse, the lien may be enforced against the whole property, not merely the debtor spouse's original half-interest. In many states, tenancy by the entireties is recognized as a valid form of ownership for bank accounts and financial assets.

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