Concurrent ownership of property can take different forms, each with distinct legal implications regarding rights and survivorship. One form establishes that all owners possess an equal, undivided interest in the property. Upon the death of one owner, that owner’s interest automatically transfers to the surviving owner(s), a process known as right of survivorship. Conversely, another form of concurrent ownership allows each owner to possess a defined share of the property, which can be equal or unequal. Upon the death of an owner in this type of arrangement, their interest passes to their heirs or as directed by their will, rather than to the other owners.
The chosen method of co-ownership significantly impacts estate planning and asset distribution. The automatic transfer feature in one form simplifies the probate process for the property involved, providing a clear and immediate succession of ownership. This can be particularly beneficial in certain circumstances, such as spousal ownership of a primary residence. The alternative approach allows for greater flexibility in estate planning, enabling each owner to direct their share to specific beneficiaries. Understanding the distinct features of each option is crucial for ensuring that property ownership aligns with individual estate planning objectives.