2006 Alabama Code - Section 35-4-7 — Survivorship between joint tenants. A warranty deed is the most comprehensive and provides the most guarantees. Alabama law allows two or more people to share title to real property as either tenants in common or as joint tenants. A survivorship deed is a document in which property is put in the names of two or more people and states that when one person dies, their interest in the property is automatically assigned to the other person or persons on the deed. The language for a tenancy in common with right of survivorship may read: “Grantor grants to Jane and John Do as tenants in common with equal interests during their concurrent lives with a cross-contingent remainder to the survivor in fee simple.”. Bypass their assets of survivorship alabama probate alternatives to themn and allows two or provided for each spouse or declaration of Create your Survivorship Deed using our easy online template. My EX husband and I have a home in Alabama with Tenants in common and he wants to refinance it. Where is the property located? As a joint owner, it’s important to understand the rights you have to the property – if any – should a fellow co-owner die. For example, … Alabama lawyers should be aware that preparing a deed to two or more individuals with so-called “right of sur - vivorship” is much more complex than the client may realize. Texas statute is very specific about the language required to create this type of contract. CourthouseDirect.com is committed to providing fast, accurate and affordable courthouse documents and research by using the potential of the Internet to cut costs and save time associated with obtaining public records and thereby eliminating inefficiencies and revolutionizing the delivery of courthouse information nationwide. Right of Survivorship: The power of the successor or successors of a deceased individual to acquire the property of that individual upon his or her death; a distinguishing feature of Joint Tenancy . Right of survivorship can impact what happens to a property if one of the owners passes away before the other one. Grantor Grantee Indexes and filtered searches for Counties in Texas, California & New Mexico. On John’s death, his entire estate, including the full interest in the condo pass to his children under his will. However, blended families or couples with separate children should pay attention to whether they own their property with a right of survivorship. A petition to partition is a legal right, so usually there is no way to stop such an action. All Survivorship Deeds revolve around Joint Tenant Agreements with the right of survivorship developing out of that relationship. In Texas you also have to follow other rules for creating a joint tenancy: Once you complete the deed, file it with the local courthouse as soon as possible. The Nebraska survivorship warranty deed is used to transfer property upon the death of a grantor. A Survivorship Deed is a document that allows commercial or residential property to transfer from the property owner (s) (the grantor or grantors) to two or more property owners (grantees). If a proper joint tenancy exists, the right to survivorship exists. The right to survivorship even supersedes probate court, or the legal process of determining a deceased person’s division and ownership of estate. The deed must, at a minimum, state the name of the person transferring the title (the grantor), the names of the joint tenants (the grantees), the price paid for the transfer and a statement that the tenants take the property "as joint tenants with rights of survivorship." In addition, it held that despite the fact that both parties’ names remained on the title, had they intended to retain joint tenancy with right of survivorship…

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