There are different types of joint ownership. The language of the deed controls. You may own as tenants in common, or with a right of survivorship. Married couples often own real estate as tenants by the entirety, which is a survivorship interest. A right of survivorship would cause the decedent's ownership interest to vest in the survivor. As tenants in common, however, either owner could transfer their undivided interest, presumably 50%, to an heir or devisee. Very different outcomes. It is advisable to consult an attorney with experience in estate planning and real estate.
Answered on Jan 14th, 2015 at 10:25 AM