Detroit, MI asked in Real Estate Law and Probate for Indiana

Q: In indiana I have deed that has 3 names it does not say tenants in common or joint tenancy

I have a deed that has 3 owners property was deeded with 1 deed at the same time and all owners had equal shares and rights. Is this a tenants in common or joint tenancy deed? If 2 died would it enter probate?

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2 Lawyer Answers
Vincent Gallo
Vincent Gallo

A: Absent specific language reciting joint tenancy the default status is tenants in common.

Alexander Florian Steciuch agrees with this answer

Alexander Florian Steciuch
Alexander Florian Steciuch
  • Probate Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: The other attorney that answered here is correct. Absent specific language that creates Joint Tenancy with Rights of Survivorship, the default is Tenants in Common.

Technically, with no rights of survivorship, if even one person died, chances are high that the decedent's interest would be transferred via probate to his or her survivors absent another agreement or vehicle to pass on his or her interest.

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