What happens to the property owned by joint tenants when one tenant dies?

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When one tenant in a joint tenancy dies, the principle of "right of survivorship" is applied to the property. This means that the deceased tenant's interest in the property is automatically transferred to the surviving tenant(s). Consequently, the property is not divided among the living tenants or passed to the deceased tenant's estate; instead, the surviving tenant(s) retain full ownership without the need for probate or subsequent transfers.

Joint tenancy is characterized by four unities: unity of time, unity of title, unity of interest, and unity of possession. These unities ensure that all tenants hold equal shares and that if one dies, the others automatically inherit that share. This legal arrangement aims to simplify the transfer of property and avoid complications often associated with the estate of the deceased.

This understanding is contrasted with other forms of property ownership, such as tenancy in common, where a deceased tenant's share would indeed go to their estate for distribution according to their will or applicable laws. In the case of joint tenancy, however, the surviving tenants' rights are clear, leading to the conclusion that the surviving tenant(s) receive the deceased tenant's interest directly.

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