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Guest

Hi there,

My fiance and I took his brother and the wife to court to add our names on the deed of our home. We ended up settling the lawsuit and they agreed to add our names as tenants in common. Their attorney came back stating they don't want to use tenants in common, but to file as joint tenants. They don't live in our house and we don't want them to get any percentage of our home while we are trying to get financed to put our home under my name. What is the correct term to put on the deed for now since the deed is currently listed under him and his wife as joint tenants, and to add our names, they signed the settlement agreement to add our names as tenants in common. Can both terminology be listed on the deed or only one and if one, which is the better term that will benefit myself and my fiance?

Thanks

jameshogg · Posted: Thu Sep 01, 2011 7:47 pm Post subject:

Hi ehsala,

Only one terminology can be listed in the property deed. It will be better if you could ask them to transfer the property solely to you and your fiancée. You should contact a real estate attorney and take his opinion as to which one will be best suited for you and your fiancée.

Thanks

Guest

Thanks Jameshogg. I have another question. What's the difference between TIC and JT's?

jameshogg · Posted: Thu Sep 01, 2011 10:50 pm Post subject:

Hi ehsala,

Tenants in Common is a way to hold title, to own property, by two or more individuals. This type of property ownership is also known as tenancy in common. There is no limit to the number of individuals who can hold title in case of tenants in common. On the other hand, joint tenancy requires four unities. It will also involve right of survivorship, meaning the interest held by each tenant will pass to the other upon death. The four unities which are important to create joint tenancy are time, title, interest and possession.

Thanks

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