Under a joint tenancy, what happens to the deceased co-owner's interest?

Prepare for the New Jersey Title Agent Exam with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Multiple Choice

Under a joint tenancy, what happens to the deceased co-owner's interest?

Explanation:
Right of survivorship in joint tenancy means the deceased co-owner's interest does not pass to that person’s heirs or through probate. Instead, it automatically becomes the property of the surviving co-owners, in equal shares, so the living co-owners keep the entire ownership as joint tenants. This happens without probate and preserves the property for the survivors. The four unities—time, title, interest, and possession—must exist for a true joint tenancy; if any unity is broken, the arrangement can become a tenancy in common, where the deceased's share would go to heirs rather than to survivors. Therefore, the survivors receive the deceased co-owner's interest.

Right of survivorship in joint tenancy means the deceased co-owner's interest does not pass to that person’s heirs or through probate. Instead, it automatically becomes the property of the surviving co-owners, in equal shares, so the living co-owners keep the entire ownership as joint tenants. This happens without probate and preserves the property for the survivors. The four unities—time, title, interest, and possession—must exist for a true joint tenancy; if any unity is broken, the arrangement can become a tenancy in common, where the deceased's share would go to heirs rather than to survivors. Therefore, the survivors receive the deceased co-owner's interest.

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