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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ALICE MEDLOCK
MEDLOCK & WEST REALTY, LLC
906 MAIN STREET
VAN BUREN, AR 72956
479-651-7221
Fax: 479-474-0294
Email: realestatearkansas@NUMBER1EXPERT.com

Alice Medlock has been ranked in the top 2% of agents, worldwide, of the National franchise company she was associated with for seven years. Now the Principal Broker and partner of MEDLOCK & WEST REALTY she offers the same EXCELLENCE and personal service to every buyer and seller. Her company's slogan "WITHOUT YOU, WE WOULDN'T BE HERE" says it all! Her knowledge of the area combined with her dedication to her clients and utilization of every technological tool available to the Real Estate industry, makes buying or selling a home so easy.