Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Right of Survivorship

Read a random definition: circuity of action

A quick definition of Right of Survivorship :

Right of Survivorship: When two or more people own property together with the right of survivorship, if one person dies, their share of the property goes to the other owner(s). This is called the right of survivorship. There are two types of ownership that have this right: joint tenancy and tenancy by the entirety. In joint tenancy, the right of survivorship can be ended if the owners agree, if one owner sells their share, or if one owner kills the other. In tenancy by the entirety, the right of survivorship can only be ended if the owners get divorced or if they both agree to end it. If both owners have the right to use the property, either owner can ask a court to divide the property so they can each have their own part. But if the property is owned by a married couple as tenancy by the entirety, they cannot ask a court to divide it.

A more thorough explanation:

Right of survivorship is a legal concept that applies to joint ownership of property. When two or more people own a property with the right of survivorship, each person has an equal share in the property. If one of the owners dies, their share of the property automatically passes to the surviving owner(s). This means that the surviving owner(s) will own the entire property.

There are two types of tenancies that possess the right of survivorship:

In a joint tenancy, the right of survivorship can be severed, which means that the estate can be converted to a tenancy in common. This can happen through partition (voluntary or involuntary), a conveyance by one joint tenant, agreement of joint tenants, murder of one joint tenant by the other, or the simultaneous deaths of joint tenants.

In a tenancy by the entirety, the right of survivorship cannot be terminated by an involuntary partition. However, it can be severed by divorce, mutual agreement, or execution by a joint creditor.

Tenants with right of survivorship are not obligated to continue a concurrent ownership and are not required to sell only their interests to sell themselves from the co-tenancy. Rather, the tenant has an absolute right to petition a court to partition the property if both tenants have concurrent possessory rights. However, neither spouse can seek partition of a property held in a tenancy by the entirety.

Example 1: John and Jane own a house as joint tenants with the right of survivorship. If John dies, Jane will automatically become the sole owner of the house. If Jane dies first, John will become the sole owner of the house.

Example 2: Tom and Mary own a vacation home as tenants by the entirety. If Tom dies, Mary will automatically become the sole owner of the vacation home. If Mary dies first, Tom will become the sole owner of the vacation home. However, if Tom and Mary get a divorce, the right of survivorship will be severed, and they will become tenants in common.

These examples illustrate how the right of survivorship works in joint ownership of property. When one owner dies, their share of the property automatically passes to the surviving owner(s), without the need for probate or other legal proceedings.

Right of representation | Right of way

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
LSD+ is ad-free, with DMs, discounts, case briefs & more.