Connecticut Statute for Joint Property

By Erika Johansen

Joint property ownership allows two parties to simultaneously own property, this legal arrangement is known as a concurrent estate. The Connecticut Code establishes two forms of joint property ownership: joint tenancy and tenancy in common. Connecticut law also establishes specialized laws for common ownership in a condominium situation.

Joint Tenancy

Connecticut Code Section 47-14a recognizes the concurrent estate of joint tenancy. In joint tenancy, two or more owners own the property at the same time, each holding a legal right known as the right of survivorship. When one joint tenant dies, the right of survivorship stipulates that the deceased tenant's share does not pass to his heirs or designees. Rather, that share is reabsorbed into the whole of the property owned by the remaining joint tenants. Connecticut, unlike many states that recognize joint tenancy, allows joint tenants to hold in unequal shares; for instance, one joint tenant may hold one-half of the property, while two other joint tenants each hold one-quarter.

Tenancy in Common

Tenancy in common also allows multiple owners to own the property. Like joint tenancy in Connecticut, tenancy in common allows for ownership in unequal shares. However, tenancy in common has no right of survivorship. When a tenant in common dies, his share of the property "breaks off" from the rest of the tenancy property, to be taken by his heirs or beneficiaries. Connecticut Code Section 47-36a stipulates that unless language in the instrument creating the co-ownership clearly establishes a right of survivorship, the ownership will be presumed to be a tenancy in common. Thus, tenancy in common is the default form of co-ownership, unless explicit language states otherwise.

Protect your loved ones. Start My Estate Plan

Other Ownership Forms

Many states have a special form of joint tenancy known as "tenancy by the entirety," which exists only between spouses. But the Connecticut Code does not recognize tenancy by the entirety; the law will treat a joint tenancy between spouses the same as any other form of joint tenancy. Connecticut's Common Interest Ownership Act also creates specific rules for certain specialized forms of tenancy in common: condominium communities, cooperatives, and planned communities.

Partition

Under Connecticut Code Section 47-14b, if all joint tenants get together and agree to transfer some portion of the property, the joint tenancy is broken and the remaining tenants hold their portions as tenants in common. However, Connecticut Code Section 52-495 also allows for partition, a legal process whereby, upon the complaint of any person interested, a court can order the division of jointly owned property. The law also allows a court to appoint a committee to carry out the business of partition.

Protect your loved ones. Start My Estate Plan
Revocable Living Trust & Real Estate Joint Tenancy in Maryland
 

References

Related articles

Meaning of the Legal Term "Rights of Survivorship"

The term, “Rights of survivorship,” refers to a form of property ownership where two or more people -- often a husband and wife -- acquire property together with provisions in their deed that upon the death of one of them, the survivor automatically acquires the deceased co-owner's share. When property passes by survivorship, there is no need to probate a will to transfer ownership.

How to Get Out of Inherited Property Held As Tenants-in-Common

Tenants in common is a type of ownership interest where two or more persons own a piece of property together. Unless a will specifies a different form of ownership, most states recognize tenants in common as the default form of co-ownership. An heir who inherits property as a tenant in common and who does not want to share a property interest with other co-owners has a few options, depending on the specific circumstances of each situation.

Do You Have to Partition Undivided Property in a Will?

Partitioning is a judicial process that divides co-owned real estate among its owners. A will can transfer the decedent’s share of co-owned property or it may establish that certain real estate is to be co-owned by certain beneficiaries. In all of these cases, partitioning the property is generally not required. If there is a conflict among the owners about the property's use, however, or if one owner wants unrestricted ownership over a portion of the real estate, the owners may choose to partition the property.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help. Wills & Trusts

Related articles

Nebraska Divorce & Joint Tenancy Laws

In a joint tenancy, multiple owners hold property at the same time. In some states, a joint tenancy between a husband ...

What Happens to Joint Property When Someone Dies Without a Will in Pennsylvania?

One of the advantages to holding property in joint names is that it may avoid the probate process. In Pennsylvania, ...

Tenancy in Common Property & Bankruptcy in Illinois

Bankruptcy can allow you to start over again financially, but you may lose some of your property in the process, ...

Family Trusts Vs. Co-Ownership

A family trust is a legal entity created as a means of passing family property to family members upon the death of the ...

Browse by category
Ready to Begin? GET STARTED