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  1. #1
    Join Date
    Mar 2011

    Default How Do You Determine The Type of Tenancy for Co-Owners of Property

    My question involves co-ownership of real estate in the state of: New York (manhattan)

    The deed recorded with ACRIS shows two grantees/buyers.

    There is no information on if this is a tenancy in common, joint tenancy, or joint tenancy with rights of survivorship. How do I figure out which one the deed title falls under? Is there a default for new york deeds if nothing is specified?

    The grantees are not spouses, and only one grantee paid any consideration for the property, and continues to pay all taxes.


  2. #2
    Join Date
    Sep 2010

    Default Re: How Do You Determine The Type of Tenancy for Co-Owners of Property

    In most cases, if it doesn't spell out a specific form of tenancy, it is assumed to be tenants in common. I believe New York doesn't presume joint tenancy or tenancy by the entirety even between married couples unless the deed spells that out.

    Who paid what for the property nor who pays the taxes or other upkeep doesn't alter the ownership share nor the type of tenancy.

  3. #3
    Join Date
    Mar 2011

    Default Re: How Do You Determine The Type of Tenancy for Co-Owners of Property

    I talked to another lawyer and indeed the default is tenancy in common. Thanks flyingron!

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