How to Make Property in Joint Names

How to Make Property in Joint Names

There are many ways to make a property into a co-owner property. Here are some of them discussed, and choose which one is appropriate.

The immovable property that cannot share gives joint ownership. If more than one person owns a property, it is called joint ownership. It refers to the right to use the property; a partnership right is not a material share. How to make property in joint names?

Suppose you are newly married and wish to list your spouse’s name as a part of your property, or maybe you wish to hand your property to your child in the event of your death. To make changes in your property’s deed, you must produce a new document rather than just adding the name on the existing deed.

It is always better to consult an attorney before adding anything to your deed, as procedures vary from state to state, and altering the ownership might result in repercussions.

What Are the Types of Co-ownership?

Tenants in Common

Suppose two or more people have bought a property together but have not specifically mentioned the share each of them owns in the property. It is said to be a situation of ‘tenancy-in-common.’ All the co-owners have an equal share and right in the property, and all the co-owners can use the entire property.

In case one of the co-owner passes away, the share would not be transferred to another co-owner but transferred to the person’s name in the will, who will then share a relationship of ‘tenancy-in-common’ with the existing co-owner.

Joint tenancy

when a property has ownership by two or more persons in equal shares; the ownership is known as joint tenancy. This type of tenancy provides the rights to ownership of the property for the co-owners.

Unlike tenants-in-common, if a co-existing owner passes away, his/he interest will automatically get transferred to the surviving joint tenant(s). Three legal requirements exist to create a joint tenancy:

  • Unity of time
  • Unity of possession
  • Unity of title.

This legal requirement means that the co-owners must take the same property title, the same deed, and equal interests.

Tenancy by Entirety

Tenancy by the entirety is also a type of joint tenancy where the property owned jointly by the husband and the spouse, with each owning one-half. None of the parties can sell the property without their consent. In such ownership, the share of one automatically passes to another if they pass away.

It is important to brush up on the laws involving the transfer of property to be clear about one’s rights In the event of such an occurrence.

What Are the Rights of a Co-owner?

A co-owner is allowed to have three conditions of ownership:

  • Right to possession
  • Right to use
  • In the deed, he has the right to dispose of his right to the property if it mentions.

Thus, if a co-owner is being deprived of his property, they have the right to put it back in possession. For instance, in Mughda’s case, she has the right to claim her share in the property.

Process of Making Property in Joint Names

Before changing your deed, you should review your mortgage documents or contact your lender. It may exercise the loan’s due-on-sale clause if you have transferred your interest in the property, or a share of it, to someone else without prior permission from the lender.

The lender may still view the transfer of ownership as a sale and can demand payment in full even if you have not been paid the money by the person to whom you are transferring property.

This issue may cause you to reconsider adding depending on your financial situation. Inform your lender about adding someone to your deed if your mortgage contains a due upon-sale clause.

Some financial institutions give consent, allowing you to add another person’s name to your property deed without requiring you to pay off the loan.

Record the Deed

To have a deed notarised and recorded, take the deed to your county recorder’s office. As the procedures may vary from state to state, holding back from signing the deed is suggested unless a notary of the recorder’s office witnesses the signing procedure.

Prepare the New Deed

  • Get a blank quit claim deed form from a title law firm, lawyer, or office supply store. Enter the recording’s details. It includes the address of the registration deed and tax paperwork mailed name of the person listed as the owner on the deed.
  • Complete the deed by entering your name as the present owner, your name, and the additional party to whom you transfer your property. Regardless of the state, you are in, other details that include the title deed include the address and legal description of the property and the city, county, state, and date.
  • Please mark any certificate descriptions that do not apply to your situation. It can contain details like whether the transfer is irreversible or ownership transfer also covers the second transferee.
  • If required, include wording in the deed stating the ownership split between you and the individual you are including. Otherwise, equal ownership is assumed.
  • Additionally, it describes the kind of property that each party owns. Unmarried people can co-own property with an unmarried individual in two ways: If you and your surviving dependents jointly own a piece of property as joint tenants and one of you goes away, the remaining owners will get the entire property.
  • However, if you share property ownership with another person and that person goes away, the other owner can take over the property. If there is no indication of the kind of ownership, it will assume as joint tenancy. Make sure the deed has wording saying that the property considers a joint tenancy if you seek survivor rights.
  • In many jurisdictions, if you offer your spouse an interest, the law immediately grants survivorship rights and shields your assets from your spouse’s creditors. This type of ownership arrangement is known as tenancy by the entirety. In places where the property can hold in this manner, spouses who jointly own the property typically immediately own it as the entire tenancy. States with this ownership vary.

Adding a Joint Name to a Mortgaged Property

Generally, banks don’t charge extra money to include co-borrowers in a loan. However, the bank or other financial institution that provided the loan could urge them to do the same if you wish to expand this and add co-owners to the property.

Additionally, banks look into your creditworthiness. The mortgage will have to rewrite, and there will be additional stamp duty and registration costs for the new co-owner. Banks are responsible for collecting all due fees, such as processing, searching, and valuing assets.

Co-owners can only add to properties that still provide the builder is on board. Usually, developers limit or forbid transfers before property ownership, and you are still obligated to cover the transfer charges even if you consent.

However, the benefit of skipping this stage is that the deed of sale won’t be released until no more stamp duty or registration costs have been paid, even if ownership is transferred.

Conclusion

Co-owners hold full property ownership under the transfer of property act. Therefore, unless otherwise specified in the contract, all owners must agree to each transaction. There is no restriction on the co-owner’s ability to purchase, rent, or sell their property.

A popular strategy for assisting loved ones obtain property and preventing probate complications in the event of one of the owners’ passing is to include family members in ownership.

It is a property you intend to share with your relatives that must specify, and you must make sure that the new deed you both sign conforms with the regulations of the county where the property is located. Now that you know how to make property in joint names, you can take care of your loved ones even if you are not around to join your property and have equal rights as you do.

FAQs

How many people can you add as joint owners of the property?

According to the law, there may be two or more joint property owners.

Does joint ownership imply an equal claim of the property?

In joint ownership, both owners will have equal rights, claims, and duties regarding the property.

Which are the kinds of joint ownership of a property?

Common tenants, joint tenants, and tenancy by the entirety are the three categories of joint ownership of a piece of property.

What are the rights of a joint owner of a property?

You will share equal responsibility and control over the property. The stake of any deceased owner disturbs the remaining owners.

Can a son be the joint owner of the house?

Yes, you may leave an equal part of your property with the agreement among the other existing owners and make your son a joint owner in your will. He will then share in the property’s rights and responsibilities.

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