Tenancies in Pennsylvania - Revision history

Josephdebarberie at 18:32, 15 June 2023

2023-06-15T18:32:25Z

Josephdebarberie at 16:15, 15 June 2023

2023-06-15T16:15:49Z

Bartbodkin: /* Overview */

2020-01-08T18:25:52Z

‎Overview

Bartbodkin: /* Tenancy in Common */

2020-01-08T17:45:16Z

‎Tenancy in Common

Bartbodkin: /* Joint Tenancy with Right of Survivorship */

2020-01-08T17:43:48Z

‎Joint Tenancy with Right of Survivorship

Bartbodkin: /* Tenancy by the Entirety */

2020-01-08T17:38:23Z

‎Tenancy by the Entirety

Davidjenkins at 02:11, 16 July 2018

2018-07-16T02:11:36Z

Davidjenkins at 17:59, 4 July 2018

2018-07-04T17:59:03Z

Davidjenkins at 17:57, 4 July 2018

2018-07-04T17:57:54Z

Davidjenkins: Created page with "==Summary== ==Severalty== ==Tenants by the Entirtey== ===Definition=== ===Creation=== ===Operation=== ===Termination=== ==Joint Tenants with Right of Survivorship== ===Defi..."

2018-07-04T17:44:34Z

Created page with "==Summary== ==Severalty== ==Tenants by the Entirtey== ===Definition=== ===Creation=== ===Operation=== ===Termination=== ==Joint Tenants with Right of Survivorship== ===Defi..."

New page

==Summary==

==Severalty==

==Tenants by the Entirtey==
===Definition===
===Creation===
===Operation===
===Termination===

==Joint Tenants with Right of Survivorship==
===Definition===
===Creation===
===Operation===
===Termination===

==Tenants in Common==
===Definition===
===Creation===
===Operation===
===Termination===

==Other Forms==

@@ Line 10: / Line 10: @@
 ===Creation Language===
-Tenancy by the Entirety is presumed in a deed to a husband and wife.  The deed does not have to recite the tenancy, nor must it state that they are married.  The law presumes TbE unless the deed states differently.
+Tenancy by the Entirety is presumed in a deed to a husband and wife.  The deed does not have to recite the tenancy, nor must it state that they are married.  The law presumes TbE unless the deed states differently. If the grantees are not actually married, tenancy created will depend on language of deed - see below Case Law.
@@ Line 26: / Line 26: @@
 ===Creation Language===
-"Joint tenants" alone does not create survivorship.  The deed must state "joint tenants with right of survivorship."  Without the survivorship language, title passes as tenants in common.
+"Joint tenants" alone does not create survivorship.  The deed must state "joint tenants with right of survivorship," or similar language.  Without the survivorship language, title passes as tenants in common.
 If the deed states "tenancy by the entireties" but the parties are not married, case law finds that the intent to create a survivorship exists. But caution should prevail--if the circumstances demonstrate someone that may contest, be wary.
 ===Case Law===
-''Maxwell v. Saylor'', 359 Pa. 94, 58 A.2d 355 (Pa. 1948) - property deeded to man and "his wife" "as tenants by the entireties" although grantees not actually married showed intention to create a right of survivorship
+''Maxwell v. Saylor'', 359 Pa. 94, 58 A.2d 355 (Pa. 1948) - property deeded to man and "his wife" "as tenants by the entireties" although grantees not actually married showed intention to create a right of survivorship.
-''Bove v. Bove'', 394 Pa. 627, 149 A.2d 67 (Pa. 1959) - same as ''Maxwell v. Saylor'', except deceased paid full purchase price, holding that payment of purchase price was irrelevant to fact that survivorship was intended
+''Bove v. Bove'', 394 Pa. 627, 149 A.2d 67 (Pa. 1959) - same as ''Maxwell v. Saylor'', except deceased paid full purchase price, holding that payment of purchase price was irrelevant to fact that survivorship was intended.
 ==Tenancy in Common==
 In absence of any stated tenancy, the law presumes tenants in common.  If a joint tenancy deed does not include survivorship language, then presume tenants in common.

@@ Line 1: / Line 1: @@
 ==Overview==
 *Tenants in Common -- Yes & presumed
-*Joint Tenants -- Yes
+*Joint Tenants -- Yes, but survivorship language must be included
 *Tenancy by Entireties -- Yes
 *Community Property -- No
@@ Line 12: / Line 12: @@
 Tenancy by the Entirety is presumed in a deed to a husband and wife.  The deed does not have to recite the tenancy, nor must it state that they are married.  The law presumes TbE unless the deed states differently.
-If the deed states TbE but the parties are not married, case law finds that the intent to create a survivorship exists (394 Pa. 627,
 ==Joint Tenancy with Right of Survivorship==
 ===Creation Language===
@@ Line 22: / Line 28: @@
 "Joint tenants" alone does not create survivorship.  The deed must state "joint tenants with right of survivorship."  Without the survivorship language, title passes as tenants in common.
-P.S. § 110
+If the deed states "tenancy by the entireties" but the parties are not married, case law finds that the intent to create a survivorship exists. But caution should prevail--if the circumstances demonstrate someone that may contest, be wary.
-If partition be not made between joint tenants, whether they be such as might have been compelled to make partition or
+===Case Law===
-not, or of whatever kind the estates or thing holden or possessed be, the parts of those who die first shall not accrue to the
+''Maxwell v. Saylor'', 359 Pa. 94, 58 A.2d 355 (Pa. 1948) - property deeded to man and "his wife" "as tenants by the entireties" although grantees not actually married showed intention to create a right of survivorship
-survivors, but shall descend or pass by devise, and shall be subject to debts, charges, curtesy or dower, or transmissible to
-executors or administrators, and be considered to every other intent and purpose in the same manner as if such deceased
+''Bove v. Bove'', 394 Pa. 627, 149 A.2d 67 (Pa. 1959) - same as ''Maxwell v. Saylor'', except deceased paid full purchase price, holding that payment of purchase price was irrelevant to fact that survivorship was intended
 ==Tenancy in Common==
 In absence of any stated tenancy, the law presumes tenants in common.  If a joint tenancy deed does not include survivorship language, then presume tenants in common.

← Older revision		Revision as of 18:25, 8 January 2020
Line 1:		Line 1:
	==Overview==		==Overview==
		+	*Tenants in Common -- Yes & presumed
		+	*Joint Tenants -- Yes
		+	*Tenancy by Entireties -- Yes
		+	*Community Property -- No
		+	*Homestead -- No
		+	*Joinder of Non-titled Spouse -- Only if pending divorce

	==Tenancy by the Entirety==		==Tenancy by the Entirety==

@@ Line 31: / Line 31: @@
 ==Tenancy in Common==
 ==Cross-References==
 * [[Pennsylvania]]
 * [[Tenancies]]

← Older revision		Revision as of 17:43, 8 January 2020
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	===Creation Language===		===Creation Language===
		+
		+	"Joint tenants" alone does not create survivorship. The deed must state "joint tenants with right of survivorship." Without the survivorship language, title passes as tenants in common.
		+
		+	68 P.S. § 110
		+	§ 110. Lands held by joint tenancy to descend as estates of tenants in common
		+
		+	If partition be not made between joint tenants, whether they be such as might have been compelled to make partition or
		+	not, or of whatever kind the estates or thing holden or possessed be, the parts of those who die first shall not accrue to the
		+	survivors, but shall descend or pass by devise, and shall be subject to debts, charges, curtesy or dower, or transmissible to
		+	executors or administrators, and be considered to every other intent and purpose in the same manner as if such deceased
		+	joint tenants had been tenants in common: Provided always, That nothing in this act shall be taken to affect any trust
		+	estate.
		+
		+	§ 6:5. Presumption against survivorship
		+
		+	While, at common law, joint tenancies were favored, and the doctrine of survivorship was a recognized incident to a joint estate, the statute providing that lands held by joint tenancy are to descend as estates of tenants in common abolishes survivorship as an incident of joint tenancy, although it does not prevent the creation of the right of survivorship. Thus, joint tenancy with a right of survivorship is a legitimate and permissible means by which individuals may hold title. The presumption now, however, is that all tenants, who are not husband and wife or trustees, hold jointly as tenants in common, unless a clear intention to the contrary is shown.

	==Tenancy in Common==		==Tenancy in Common==

← Older revision		Revision as of 17:38, 8 January 2020
Line 4:		Line 4:

	===Creation Language===		===Creation Language===
		+	Tenancy by the Entirety is presumed in a deed to a husband and wife. The deed does not have to recite the tenancy, nor must it state that they are married. The law presumes TbE unless the deed states differently.
		+
		+	If the deed states TbE but the parties are not married, case law finds that the intent to create a survivorship exists (394 Pa. 627,
		+	Supreme Court of Pennsylvania. John Michael BOVE, Executor of the Last Will and Testament of Michael Bove, Deceased, Appellant, v.
		+	Mabel Blanche BOVE. March 16, 1959.) But caution should prevail--if the circumstances demonstrate someone that may contest, be wary.

	==Joint Tenancy with Right of Survivorship==		==Joint Tenancy with Right of Survivorship==

← Older revision		Revision as of 17:59, 4 July 2018
Line 24:		Line 24:

	==Other Forms==		==Other Forms==
		+
		+	==Cross-References==
		+	* [[Tenancies]]
		+	* [[Pennsylvania]]

@@ Line 1: / Line 1: @@
-==Summary==
+==Overview==
 ==Severalty==
-==Tenants by the Entirtey==
+==Tenants by the Entirety==
 ===Definition===
 ===Creation===
@@ Line 20: / Line 20: @@
 ===Operation===
 ===Termination===
 ==Other Forms==