A)Joint tenancies may only be established between spouses. That means as a married couple, our fictional parents can gift up to $25. General procedure to give away property that is NOT subject to a mortgage or CPF charge. Beneficiary deeds; recording; definitions. When contributions of community funds or labor are used to benefit a spouse’s sole and separate property the community is entitled to a community lien “reflecting its contribution to. The Speier Court next considered whether a joint tenancy deed is sufficient to “transmute” the character of community property to separate property. In those cases where a deed or other recorded documents are filed, the deeds and certain other recorded documents must be. Different forms of holding title among multiple owners have differing legal ramifications, especially upon the death of one or more of the co-owners. A married couple may hold real or personal property as joint tenants, tenants in common, or as community property. Alice sells her ownership interest to Sam. Citizen: If a spouse gifts half of an interest in real property to their spouse who is not a U. For joint tenancy property acquired between January 1, 1975 and December 31, 1984. The fundamental requirements of a North Dakota joint tenancy interest is that two or more persons who are properly identified as North Dakota joint tenants, hold title to real property as though they were a single person. It also includes any property that is traceable to separate property, and any property that the spouses agree is separate property. If this instrument establishes the real estate as one spouse’s separate property, such as a. The deed does not alter the owner’s current interest in the property, and it is simple to modify, offering additional protections and. Therefore, joint tenancy property is not subject to disposition by will. 2. Surprise Arizona Joint Tenancy Deed from Husband and Wife to Husband and Wife A professional document by US Legal Forms will assist you to spend less money and time, and stress. Convey Real Property Using Deeds • See A. In a dissolution of marriage, the court can’t order a substantially unequal division of property held in joint tenancy for the purpose of reimbursing the spouse who used separate funds to acquire property. Monday through FridayWith a joint tenancy with a right of survivorship, by law, the interest of the deceased partner is simply extinguished, so the surviving partner will own the entire property. Sole And Separate Property In New Mexico, property can be owned as separate property, community property, in joint tenancy, or as tenancy in common. Legislative changes in 1973 allowed couples to defeat the community property presumption through form of title, but only for property acquired before 1975, Liu noted. Grant Deed. These deeds filed. There is unity of interest. Ashley and Braxton, a married couple, purchase a home as joint tenants with right of survivorship for $200,000. Trusts can be both single and joint. Establishing separate property of a spouse. Sporty and studious, caring and loyal, John is a father of two wonderful children (and Cooper the dog). At Keystone Law Firm, we use our estate planning experience to help clients like untangle property issues relating to your estate plans. Arizona is one of 10 community property states. M. A deed to two or more new owners only creates a joint tenancy if the deed expressly states that the new owners take title as joint tenants. A joint tenancy can be created only by the intentional act conveying a deed or giving the property by Will, not implied or created by operation of law. Understanding Beneficiary Deeds. Couples and business partners can take title to each other's bank accounts. 1465. Add the Quitclaim Deed from Individual to Two Individuals in Joint Tenancy - Arizona for redacting. Conclusion. S. Much like the accidental misspelling of quitclaim as quick claim, a quitclaim deed document is a fast way to transfer real estate title from one owner to. Two or more people owns a parcel of real estate. This avoids court proceedings, just like the deed designation of joint tenancy. There may be unintended tax consequences, loss of control and/or liability risks. 1945 secs. The Components of a Gift Deed. To qualify, IRS Revenue Ruling 87-98 requires spouses to acknowledge in writing to each other that their joint tenancy property is also community property. California's separate property laws apply to a house owned before marriage. A boat, owned and registered in your name, which you bought during your marriage with your income. 1991) 940 F. This implies that all joint tenants must acquire the property simultaneously, with the same interest. ) “A joint tenancy is an estate held by two or more persons jointly, each having an equal right to its enjoyment during his or her life. No lawsuit is usually required. Probate is not avoided when the last owner dies. S. A6. Marital property is any asset — real estate and personal property — that either spouse acquired during marriage, like a house or land rights, a car, furniture, and. New co-owners of Texas real estate must create a separate survivorship agreement if they want to own the property as joint tenants with right of survivorship. Disposition. Joint Tenancy. R. Use a check mark to indicate the answer. A tenancy in common is a simple and flexible form of joint ownership, but it does require probate when an owner dies. Such property can be jointly owned by two or more people; meaning, all of the people involved hold title to the property. The last living owner inherits the entire property. If you are using our service the very first time, follow the instructions below to get your Arizona Warranty Deed for Separate or Joint Property to Joint Tenancy quickly: Make. Decision. In Raptes v. This means that the transfer of property from one party to another was ordered by the court. Deciding on the best way to hold title in California can be complicated on account of the many factors that must be taken into consideration. Property law in Arizona falls under ARS Title 33 of the Arizona Revised Statutes, and joint tenancy with the right of survivorship is under ARS Title 33-431 of the same Statutes. The remaining. Maricopa Arizona Warranty Deed for Separate or Joint Property to Joint Tenancy Obtain a document from the US Legal Forms catalogue and avoid paper chaos or lost time with outdated templates. Many states only require a short phrase in the deed to create a joint tenancy with right of survivorship. g. You will also need to include the legal description of your property. The deed must explicitly stipulate a joint tenancy, and the owners must be explicitly identified as joint tenants. Joint tenancy is a legal term that describes a piece of real estate that is owned by two or more people who are on the same deed simultaneously. Baldwin could only hold property as community property. Joint Tenants. Though the arrangement will last as long as their marriage, it can be dissolved by mutually agreeing to gift the property to a different party, death, or divorce. Concurrent ownership exists where two or more people own property together, with neither person having exclusive use and possession of any specific part of the property. Joint tenancy is a form of concurrent ownership – i. A joint tenant may transfer their interest unilaterally, and without the knowledge and/or consent of the co-tenant (s). Message. There’s no need for those assets. This is a statutory presumption that all property acquired by husband and wife is community property. The creation of a joint tenancy has important legal consequences. N. Washington State. 15A-145 And G. A sheriff’s deed is a deed granted at the end of a mortgage foreclosure, in which the sheriff, under the order of the court in the foreclosure case, grants ownership of the property to the successful bidder at the sheriff’s sale. In effect, you’ll be adding your spouse to the deed. was to them as separate individuals and not to them as a unit. This is a form of vesting title to property owned together by spouses or by registered domestic partners. Which one of the following statements regarding different forms of property co-ownership is CORRECT? A) Joint tenancy with right of survivorship (JTWROS), tenancy by the entirety (TBE), and community property (CP) are all forms of co-ownership that can be used by a husband and wife. Joint tenancy is part of what are sometimes called nonprobate transfers on death. 566. The words "with the right of survivorship" are not necessary for a valid joint tenancy deed, although they are often inserted. R. This is a flexible vesting option. §33-405) transfer property upon death. To search over specific document types, uncheck "Search All Types" and select the document types from the list. R. In Arizona, deeds of trust are creatures of statute. So if Pat and Terry own property as joint tenants, and Pat signs a deed transferring their interest to themself — the two joint tenants’ interests have different start dates, and the right of survivorship is lost. Sunwest Bank (In re Fingado), 113 Bankr. If you co-own property with someone else as "tenants in common," you can sell your share of the property independently, and you can also leave just your share to someone at death. Streng 13 Community Property. As Petty’s MD, John steers the ship. B) JOINT TENANCY Where there is a joint tenancy, all of the co-owners or “joint tenants” are said to own the entire property as one, with no distinct shares. For instance, as a property owner, you can choose to own 75% of the property, while your co-owner owns the remaining 25%. Black’s Law Dictionary (8th Ed. (2) Any obligation for support arising out of a prior marriage. As with the tenancy in common, there’s no need for a will or probate, because after one spouse dies the surviving spouse automatically takes ownership. A quit claim deed is used in a divorce to change joint ownership into sole ownership. R. Person A pays $75,000 and Person B pays $25,000. A quitclaim deed is legally binding. Each form must be notarized. In Arizona, married couples are required to divide property upon divorce. A deed of gift. Joint tenancy with right of survivorship provides another way of holding title to real estate that allows title to pass between joint owners outside probate. , ownership by two or more persons at the same time. 18 (joint tenancy by donee). Yes you can deed the property from yourself to you, wife and son just as you say, and the documentary transfer tax will be waived assuming you fill out the Preliminary change of Ownership. January 1, 1985 is not sufficient by itself to transmute community property into separate property. By the deed’s explicit declaration, no consideration is necessary or expected. Size of Probate Homestead. Joint tenancy co-owners almost always have equal shares. If all the marital property is owned as joint tenants, then at the time of the first spouse’s death, nothing needs to happen to transfer property. In order to sever the right of survivorship, a tenant must only record a new deed showing that his or her interest in the title is now held in a Tenancy-in-Common or as Community Property. “This conveyance establishes sole and separate property of a spouse. In Alaska, spouses can enter into a community property arrangement by written agreement. The parties were going through a divorce in Arizona. 420. ” (See Lonergan v. This is when a deed with the right of survivorship is most commonly used, with the ultimate goal to ensure that the distribution of the property is equitable. (c) A party shall be reimbursed for the party's separate property contributions to the acquisition of property of the other spouse's separate property estate during the marriage, unless there has been a transmutation in writing pursuant to Chapter 5 (commencing with Section 850) of Part 2 of Division 4, or a written waiver of the right to. In many cases, this is a very bad idea. L. A TOD deed may still make sense if both parties are willing to list the same person on the deed as their beneficiary. result of commingling community and separate property in arizona; increased value of a business in an arizona divorce; gift of separate property through a. A property owner can record a deed retitling Wyoming real estate in the name of the owner and another person to create a joint. Each joint owner has an undivided right to possess the whole property and a proportionate right of equal ownership interest. It transfers sole title to the party who is awarded that property. With joint tenancy, multiple owners end up sharing equal ownership rights. When you add your spouse to the deed, however, the spousal basis is still what you paid for the property. The definition of marital property applies to assets earned, purchased or acquired in just about any way other than a unilateral transfer. Unlike tenants in common, joint tenancy has several requirements that must be met in order to be properly created. Each owner can have a trust that owns a one-half interest in the property as a tenant in common with the other half owner’s trust. Unless the joint tenancy with the right of survivorship is otherwise disposed of in a final order of divorce or annulment, if either party to an instrument of title creating a joint tenancy with the right of survivorship files an affidavit in the real property records maintained by the clerk of superior court of the county in which the real. No severance of a joint tenancy pursuant to subdivision one of this section shall terminate the right of survivorship of any non-severing joint tenant or tenants as to the severing tenant's interest unless the deed or written instrument effecting the severance is recorded, prior to the death of the severing tenant, in the county where the real property. For example: Bruce Buyer, a married man and George Buyer, a single man, as joint tenants. First, the Siberell Court stated that “from the very nature of the estate, as between husband and wife, a community estate and a joint tenancy cannot exist at the same time in the same property. and. As of July 20, 1996, the Arizona legislature effectively abolished the requirement of the “straw deed” and the necessity of joint tenants to all take their interest at the same time. Winters, 298 P. If you die first, after a long marriage, and your spouse sells that $100,000 house for $750,000, their capital gains totaled $650,000, and they must pay capital gains tax on $400,000. Disadvantages of joint tenancy. Bell-Kilbourn made a decision regarding the effect of a Disclaimer Deed in a divorce in Arizona. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts, securities, or other valuable property together. 9 Code §2040 requires complete inclusion of JTWROS property in the gross estate of joint tenant – except for such portion as is contributed by the other joint tenant. For example, a person who retitles real property by adding a joint owner as joint tenants with rights of survivorship has made a gift. Upon death, the decedent’s interest passes. Under §1014(b)(6) the tax basis of the entire property is stepped-up (or down). Property owned by one spouse before marriage is separate property. Adam practices primarily in the areas of business and family-based immigration, trusts and estate planning, and business planning. Search by state or form title and save it to your device or the cloud service in minutes. NRS 123. If there were five owners, each would control 20% interest in the property. The individuals, who are called joint tenants, share equal ownership of. However, like a single living trust, other beneficiaries can be designated as well. Joint tenancy is appropriate only when each joint tenant (in theory, there can be any number) owns the same percentage of the property. A joint tenant can indeed sever the right of survivorship WITHOUT the consent of the other joint tenants. as tenant in common with Bob's heirs. PROPERTY RIGHTS AND LIABILITIES. title to the property. Siberell, which treated property in joint tenancy as separate property. A joint tenant may sever a joint tenancy by conveying the property to himself or herself as a tenant in common without the need for an intermediary strawman. When you sell certain assets, the government taxes you. 12 However, it is possible for a husband and wife to own real or personal property as tenants in common. Megarry and Wade,JOINT TENANCY. ” (See Brown v. The deed to your property specifies the type of ownership you have. Since no probate was required for property held in joint tenancy (the “right of survivorship” part of joint tenancy means the surviving joint tenant receives the property without having to go through the probate process), most married couples opted for joint tenancy rather than community property. These benefits have not previously been combined. result of commingling community and separate property in arizona; increased value of a business in an arizona divorce; gift of separate property through a joint tenancy deed in arizona; abandonment of marriage and community property rights in arizona; are profits from a separate business community or separate property; tracing separate property. The decedent's property interest transfers automatically to the joint tenant. In Hirt v McKeon, unpublished per curiam of the Court of Appeals issued February 3 rd, 2015 (Docket No. 02. Gifts. Gila County Recorder Office 1400 East Ash Globe, AZ 85501 Phone (928) 425-3231 FAX (928) 425-9270 Office Hours: 8:00 a. Thethe right of survivorship in the surviving joint tenant(s). A type of ownership of real or Personal Property by two or more persons in which each owns an undivided interest in the whole. Joint Tenancy: A type of property right where two or more people own or rent a property together, each with equal rights and obligations, until one owner dies. Joint tenancy is an arrangement that allows beneficiaries to access your account without having to go to court. joint tenancy. Wisconsin’s Uniform Marital Property Act (chapter 766 of Wisconsin Statutes) was adopted in 1986, and follows many community property. One year after meeting at a senior citizens dance in Mesa, Arizona in 1992, Anthony Toth and Gloria Snyder Toth were married (Anthony, age 87 and Gloria, age 66). See Chester H. They create a tenants in common agreement where Person A owns a 75% share of the property and. Gift of joint interest is irrevocable. e. A joint tenant can indeed sever the right of survivorship WITHOUT the consent of the other joint tenants. With more wealth, lines get blurred. Joint tenancy, tenants in common and community property. . Armer, 463 P. Murin cites the Arizona Supreme Court opinion in Rundle v. The most common exemption code related to a divorce is A5, which refers to a conveyance recorded to satisfy a court order. It shares many of the characteristics of community property but adds the benefit of the right of survivorship similar to title held in joint tenancy. The terms of either a joint tenancy or tenancy in common are outlined in the deed, title, or other legally binding property ownership document. If you are a co-owner or a joint tenant of property owned as a joint tenancy, that property automatically passes at your death to the remaining joint tenants without the expense and delay of probate. a. Can one spouse decide to reconvert the joint property to community property without the. If two or more people share rights to the property, things get a little bit more complicated. Baldwin’s son claims, gives married people only two ways to hold property: (1) They can own it together as community property. We offer services for clients throughout Arizona, including Chandler, Gilbert, Sun Lakes, Tempe, Phoenix, Mesa, Scottsdale, and Apache Junction. To rebut the presumption, a tracing rule is avail-able to taxpayers who can demon-strate that the surviving joint tenant contributed to the acquisition of the property, which allows for an alloca-tion of the property between the two joint tenants based on their respec-tive contributions. §33-405 (statute includes a sample form) • Beneficiary deeds (A. )This is required only of individual estates that exceed a gross asset and prior taxable gift value of $12. 6-2716 and 6-2717. Download the form in the required format. equal shares are divided into the property’s ownership. #2) Can One Spouse Sever a Joint Tenancy Without the Other’s Consent? In Australia, it’s possible for one spouse to unilaterally sever a joint tenancy through a process known as ‘unilateral severance. Gift tax—Depending on who the joint tenants are, there may be gift tax implications for transferring or tilting property in joint tenancy. Learn how joint tenancy with right of survivorship works in Arizona, and how the state views real property owned by multiple people. With these. 02. The common law system provides that property acquired by one member of a married couple is owned completely and solely by that person. Unity of Interest - all joint tenants hold an equal ownership interest 3. The Arizona Court of Appeals in the case of Bell-Kilbourn vs. her separate property. If the deed names the spouses as joint tenants with the right of survivorship, they own their property in equal shares. Arizona cases have held that it may enforce such disclaimer deed, and thus recognize the property as sole and separate. Unlike warranty deeds, quitclaim deeds offer zero buyer protection. If you die first, after a long marriage, and your spouse sells that $100,000 house for $750,000, their capital gains totaled $650,000, and they must pay capital gains tax on $400,000. g. A deed to an unpatented mining claim. The three right of survivorship deeds are: joint tenancy, tenancy by the entirety, and community property. Arizona Revised Statutes Title 33. Of course, if the title or deed to a piece of property is put in the names of both spouses, however, then that property would belong to both spouses. Marital Property: A U. A life estate deed is not the only way to transfer property at death. S. Deed of Trust. For simplicity, much of the language relating to beneficiary deeds refers to a single owner. — If a party alleging that property held in joint tenancy was meant to be separate, to prevail there must be either a clear designation of that intent, or enough evidence to overcome the presumption of community property. If a living joint tenant transfers all or part of his. Your home is equally shared between you, fifty-fifty — no matter how it’s titled. Must be expressly stated in writing and accepted. Therefore, joint tenancy property is not subject to disposition by will. If you are using our service the very first time, follow the instructions below to get your Arizona Warranty Deed for Separate or Joint Property to Joint Tenancy quickly: Make sure that the document you find applies in the state where you live. With a TOD deed, you keep full control of the property. Equal between (or among) all of the joint tenants. Joint tenants must have equal ownership interests in the property. In 2013 in Pennsylvania, for example. They acquired the property at trustee sale and took title subject to an existing mortgage. Depending on the state, there are ways to title a deed for joint ownership. Once you have signed up and purchased your subscription, you may use your Idaho Warranty Deed for Separate or Joint Property to Joint Tenancy as often as you need or for as long as it continues to be valid where you live. The grantees are two named people: you and your spouse. The heirs at law or devisees of the deceased joint tenant take no interest in the property through him, because only the last surviving joint tenant has an estate ofDiscover Pennsylvania Warranty Deed for Separate or Joint Property to Joint Tenancy templates made by professional lawyers and avoid the costly and time-consuming process of looking for an lawyer or attorney and then paying them to draft a document for you that you can easily find on your own. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided right to keep or dispose of the property. Joint tenancy with right of survivorship (JTWROS) This is often a common vesting for married couples, but it also applies to family members planning to own a property together. While joint tenancy can apply to personal property, bank and brokerage accounts and. The concept of a tenancy by the entirety is one of ancient common law origin; it has been described as a form of concurrent ownership that may exist only between coowners who are husband and wife. 2. Separate(The root of. ”. Website. Deeds of trust are used in place of mortgages and are favored by lenders because no judicial “foreclosure” is required. the other hand, the essence of a joint tenancy was the existence of. There are a few common ways to co-own property in Arizona: Joint tenancy (also called "joint tenancy with right of survivorship"). To be a joint tenancy, deed should have language negating the possibility that it is held as community property. 37, 38, 155 N. Deeds are provided for individuals, corporations, Limited Liability Companies and husband and wife. When one of the individuals dies, the surviving individual acquires ownership of the entire piece of property by right of survivorship. Joint tenants own equal shares of the property and each one has the right to possess the property. Estate in Severalty – property is owned by one owner. Offers FREE consultation! Posted on Feb 16, 2018. These deeds filed at the Recorder’s Office in the county where the property is located • Joint-tenancy deeds (A. All tenants must become joint tenants at the same time, and via. S. Even when one party contributes the entire subject matter, the rights of each are the same. With other tenancy types, such as tenants in common, tenants may own unequal percentages of interest in the property. For example: Bruce Buyer, a married man and George Buyer, a single man, as joint tenants. However, any money earned or assets acquired before marriage by a spouse is the separate property of that spouse. E. If you leave a will stating otherwise, the deed overrides the terms. That means as a married couple, our fictional parents can gift up to $25. There are three major forms of joint property ownership (or "concurrent ownership"): tenancy in common. Upon death, the interest passes in accordance with either a will or the laws of intestacy. Egizii, (Ariz. (c) A party shall be reimbursed for the party's separate property contributions to the acquisition of property of the other spouse's separate property estate during the marriage, unless there has been a transmutation in writing pursuant to Chapter 5 (commencing with Section 850) of Part 2 of Division 4, or a written waiver of the right to. 1990). Olson with a right of survivorship. In dividing property between the parties, there are two options: 1. Separate property A. Of course, if the title or deed to a piece of property is put in the names of both spouses, however, then that property would belong to both spouses. Recording the deed as directed "shall be notice to all persons of the existence of such grant, deed or instrument" (A. The building would have to be sold upon Bob's death. If a married couple acquires title as joint tenants with the right. Son argued that, under the language of Arizona law, his father and Mrs. § 704. A7. Revise it with your favored offline or online editor, fill it out, sign it, and. A single living trust involves just one individual, while a joint living trust usually involves a married couple. Five years ago, when his wife died, Edward became the sole owner of a home and three rental properties that the couple had owned in joint tenancy. 2018) WL1755415, an unmarried couple purchased a residential property and held title as joint tenants for approximately thirty years. L. A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the. 84 million without paying any federal estate or gift tax. When using a warranty deed, the seller guarantees that the property has no liens against it and the seller holds full ownership, giving them the legal right to transfer it. A trust can be a joint tenant under Civil Code section 683(a), which specifies that a joint tenancy may be created by grant or devise to trustees as joint tenants. Additionally, joint tenancy guarantees equal rights and ownership for all parties. The surviving owners will need to remove the deceased owner's name from the. Joint tenant situations also create potential problems involving the use of a beneficiary deed. A spouse's real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse. 75 A. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided. Under a Joint Tenancy the co-owners are effectively the full owners and own equal undivided shares in the property. In Arizona, all property acquired by a couple after marriage is presumed to be community property. R. Tenants in common have separate titles,. Estate of Lee v. The grantor is the person or persons who owns the property. $400,000. This article covers the difference between the two types of deeds and the process for filing them. R&T 11911” OR “It is the Property acquired during the relationship, but before the legal marriage, remains a separate asset. CHAPTER 3. You will also need to include the grantee’s name. transmuted into separate property. This is the case for properties owned by family members or friends as joint tenants with rights of survivorship. Virginia. If a married couple wishes to take property as tenants in common, they must specifically state so in writing and reject holding the real estate as community property. Click on the New Document option above, then drag and drop the document to the upload area,. Words in the deed such as “Bill, John and Mary as tenants in common” establish tenancy in common. Warranty Deeds. The advanced tools of the editor will lead you through the editable PDF template. § 33-405. A transfer solely in order to provide or release security for a debt or obligation, including a trustee’s deed pursuantBackground. In estate law, joint tenancy is a special form of ownership by two or more persons of the same property. In most states, a property must fulfill the four unities of time, title, interest, and possession under order to be held in joint tenancy. R. A joint tenant can indeed sever the right of survivorship WITHOUT the consent of the other joint tenants. The law allows more than one person to own property in a variety of ways. A statement that the property was held in joint tenancy, citing the document identification number for the prior deed. Rather, the court will divide property between spouses in a way that it considers fair. A joint tenant can indeed sever the right of survivorship WITHOUT the consent of the other joint tenants. § 33-431 - Grants and devises to two or more persons; estates in common; community property with right of survivorship; joint tenants with right of survivorship § 33-432 - Presumption of intention to convey fee § 33-433 - Effect of alienation purporting to pass greater right than possessed by person making alienationCharacter of joint tenancy interests held by both spouses or both domestic partners. 12. Perhaps the most significant disadvantage of joint tenancy relates to creditors. You and your co-owner need not own. After completing and executing the Arizona real estate deed, the next step is recording. Property is either separate property or community property. Avvo Rating: 6. Create Document. the portion of certain personal injury awards meant to compensate for. Any property acquired by a child by gift, bequest, devise or descent, with the rents, issues and profits thereof, is the child’s own property, and neither parent is. First, we look to the law. Rul. Learn why you should terminate them with experienced. We explain each of these deed types in detail below. The right of survivorship typically applies to instances of joint tenancy and community property. Tenancy in Common: Two or more persons may hold title to real property as tenants in common. 1. Anytime you gift another person property valued over $15,000, you have to fill out a gift tax form. any property one spouse owned alone before the marriage. This means that the deed will not protect the grantee against title issues that arose prior to the time the grantor acquired title. When a joint tenant dies, the other joint tenants automatically inherit the property.