QUESTION

My partner prepared a Survivorship Deed Joint Tenants in both our names is this sufficient or is a quit claim deed adding me to the title also needed?

Asked on Jan 29th, 2021 on Real Estate - Michigan
More details to this question:
We have lived together for 10 years and he now has terminal cancer and I am his sole caregiver he wants to make sure I retain the house after his death he has siblings and wants to make sure they cannot take the house and also wants to protect his interest in case something happens to me.We live in MICHIGAN St Clair County.
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1 ANSWER

Real Estate Law Attorney serving Holland, MI at Cunningham Dalman
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I am not certain what you mean by a Surviorship Deed Joint Tenants. If your partner executed and recorded or delivered to you a deed conveying title to you on his passing, you would have title on his passing, assuming he does not do something else with the property during his lifetime.   If the deed conveys title to himself and you as joint tenants, or as joint tenants with rights of survivorship, you would share ownership as joint tenants during his lifetime and upon his passing you would have title to the real property. There is an important difference between joint tenants and joint tenants with rights of survivorship, though: with the first, either joint tenant can break the joint tenancy, converting it into a tenancy in common while with the second, neither joint tenant alone can do that.   If the deed conveys title to the two of you, without saying joint tenants or joint tenants with rights of survivorship, you would share ownership as tenants in common, in which case his half interest would go to his estate and you would hold the other half interest.  I hope this helps clarify your situation.
Answered on Feb 01st, 2021 at 5:45 AM

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