Joint tenancy occurs when two or more individuals are equal owners of property. Joint tenancy is not exclusive to spouses, but rather can include parents and children. With respect to a joint tenancy dispute, if an individual held property in joint tenancy, then upon their death, the surviving partner becomes the sole owner of the property, and the property does not become part of the estate.

The decision to hold property in joint tenancy is often undertaken for many different reasons and should not be entered into lightly. There can be many consequences to joint tenancy, which can include loss of control. Alternatively, joint tenancy can simplify estate administration and even avoid probate. When an individual dies who held property in joint tenancy the beneficiaries under the will may dispute whether or not the property should be included in the estate.

If you have any questions or concerns regarding joint tenancy or a joint tenancy dispute please complete our Estate Litigation Assessment Form and a member of our Estate Litigation department will contact you within one business day.

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