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the american bar association family legal guide phần 3

các hình thức phổ biến nhất của quyền sở hữu là gì? A. Đối với các cặp vợ chồng, đã hoặc chưa kết hôn, thuê nhà chung là hình thức phổ biến nhất của quyền sở hữu. Theo thuê nhà chung, mỗi người sở hữu một lợi ích không thể phân chia trong bất động sản. | Simpo PDF Merge and Split Unregistered Version - http www.simpopdf.com Q. What is the most common form of ownership A. For couples whether or not married joint tenancy is the most common form of ownership. Under joint tenancy each person owns an undivided interest in the real estate. At the death of one joint tenant the interest of the decedent by operation of law is immediately transferred to the surviving owner who becomes the sole owner of the property. When property is held in joint tenancy the beneficiaries of a deceased joint tenant have no claim to the property even if the deceased mistakenly tried to leave the property to them. Most couples choose this form of ownership to avoid having their home involved in probate. Tenancy by the entirety operates similarly but requires that the tenants be spouses and the property is their homestead. This form of ownership is not recognized by some states. Consult an attorney to determine the form of ownership most advantageous to you. Q. What is a tenancy in common A. Tenancy in common gives each owner separate legal title to an undivided interest in the property. This allows the owners the right to sell mortgage or give away their own interests in the property subject to the continuing interests of the other owners. When one owner dies the interest in the property does not go to the other owners. Instead it transfers to the decedent s estate. This might be an appropriate form of ownership for those who want their beneficiaries rather than the other owners to inherit their interest in the property. Q. What s the difference between joint tenants and tenants in common A. Two or more people who own a home as joint tenants or as tenants in common are each considered the owner of an undivided interest in the whole property. That is if there are two owners each owns half but not a specific half such as the north half. If there is a court judgment against one owner the creditor may wind up owning that person s interest in the .