Legal Definitions - per my et per tout

The legal phrase per my et per tout describes a fundamental characteristic of property ownership known as a joint tenancy. Translated from Law French, it means "by the half and by the whole." This concept highlights two distinct aspects of how joint tenants hold title to a property:

• Per my (by the half) for survivorship: This aspect refers to what happens to an owner's interest upon their death. In a joint tenancy, if one owner dies, their share of the property does not pass to their heirs through a will or probate. Instead, it automatically and immediately transfers to the surviving joint tenant(s). This is known as the "right of survivorship." While each owner has an undivided interest, for the purpose of inheritance, their individual "share" is considered to vanish, leaving the whole to the survivors.
• Per tout (by the whole) for possession and alienation: This means that each joint tenant owns the entire property, not just a specific, divisible portion. They have the right to possess and use the entire property, and no single joint tenant can claim exclusive ownership over any physical part of it. For actions that affect the entire property, such as selling it, mortgaging it, or making significant alterations, all joint tenants must typically agree and act together, as they each hold an interest in the "whole."

Here are some examples to illustrate how per my et per tout applies:

• Example 1: A Married Couple's Home

  John and Mary purchase their primary residence and title it as joint tenants. This means they own the property per my et per tout.

  • Per tout: Both John and Mary have the right to live in and use the entire house. Neither can claim exclusive ownership over specific rooms or areas. If they decide to sell the house, both must agree to the sale and sign the necessary documents, as they each own the "whole" property together.
  • Per my (for survivorship): If John passes away, his ownership interest in the house automatically transfers to Mary. She becomes the sole owner of the entire property without the need for probate, and John's will cannot direct his share of the house to anyone else.

• Example 2: Siblings Inheriting a Vacation Cabin

  Three siblings, Alice, Ben, and Carol, inherit a family vacation cabin from their parents, with the deed specifying that they hold the property as joint tenants.

  • Per tout: Alice, Ben, and Carol each have the right to use and enjoy the entire cabin. No sibling owns a specific "third" of the property; rather, each possesses an undivided interest in the "whole." If they wish to sell the cabin, all three must consent and sign the sale agreement.
  • Per my (for survivorship): If Ben unexpectedly dies, his ownership interest in the cabin does not pass to his children or estate. Instead, it automatically transfers to Alice and Carol, who then become the sole joint tenants, each now owning an undivided half of the whole property.

• Example 3: Business Partners Owning Commercial Property

  Sarah and David, business partners, purchase a small office building for their company, choosing to hold the title as joint tenants to ensure business continuity in case one partner passes away.

  • Per tout: Sarah and David each have full access to and the right to use the entire office building for their business operations. They cannot individually claim ownership over specific floors or offices. To sell or mortgage the building, both partners must agree and sign the relevant documents.
  • Per my (for survivorship): If Sarah dies, her ownership interest in the office building automatically transfers to David. This allows David to continue operating the business from the property without interruption or the need to involve Sarah's estate or heirs in the property's ownership.