There are many other types of deeds, such as warranty deed, joint tenancy deed, easement deed, trust deed, etc. B and A each hold a 50% interest. com. Phoenix Real Estate. Sheriff’s Deed. But if a couple divorces and the ex-spouses still own the property as joint tenants, California law revokes the ex-spouse's right to receive the property after the other spouse dies. The Coon Creek Property. Joint tenancy deeds offer automatic rights of survivorship. Thethe right of survivorship in the surviving joint tenant(s). A joint tenant can indeed sever the right of survivorship WITHOUT the consent of the other joint tenants. ( In re Reed (9th Cir. The property remains under the umbrella of joint tenancy with the right of survivorship unless action is taken to alter the title. Discover all you need to manage records electronically on one platform: up-to-date blanks, PDF editor, and electronic signing features. Community property is reserved for spouses, though both joint tenancy and community property offer shared ownership of real property. The deed is then recorded, thereby severing the joint. Joint Tenancy: A type of property right where two or more people own or rent a property together, each with equal rights and obligations, until one owner dies. We offer services for clients throughout Arizona, including Chandler, Gilbert, Sun Lakes, Tempe, Phoenix, Mesa, Scottsdale, and Apache Junction. Gift of joint interest is irrevocable. A joint tenant can indeed sever the right of survivorship WITHOUT the consent of the other joint tenants. Prescott & Yavapai County Probate, Boundary Disputes, Easements, Quiet Title, and Partition Lawyer - GoodmanLaw - call (928) 445-3230 now. When real property is owned by multiple people, property law refers to it as a concurrent estate. A deed is the instrument that transfers ownership of real property from one owner to another. Tenants in common do not have to be married (or even related) to one another in. Tenancy in Common: Two or more persons may hold title to real property as tenants in common. Purchasing real estate together is a big step that shows commitment to one another. As you have learned here already, tenancy in common is an arrangement where two or more people share ownership rights in a property. created a tenancy in common, not a joint tenancy, because the gift. By deed or by will. It contains the names of the current owner (the grantor) and the new owner (the grantee), the legal description of the property, and is signed by the grantor. 00 goes to the bank. When a property is held in joint tenancy, it means that two or more people own it equally. L. In a dissolution of marriage, the court can’t order a substantially unequal division of property held in joint tenancy for the purpose of reimbursing the spouse who used separate funds to acquire property. A)Joint tenancies may only be established between spouses. Of the $400,000. A6. Transfer to a living trust. Tenancy by the entirety is the status quo arrangement in many states and the District of Columbia for married spouses who acquire personal property, such as landed assets. For example, say that you have a job earning a regular salary. For example, if you bought vacant land for $200,000 and. Ashley later sold it for $600,000. In “joint tenancy,” each owner has an equal and undivided interest in the property. Unity of time - all joint tenants acquire their interest at the same time 4. Property Section 33-405. Draw your signature, type it, upload its image, or use your mobile device as a signature pad. Joint tenancy property passes outside of probate, however, it may be severed so that the property becomes part of one person's estate and passes to that person's heirs. A deed conveys the ownership of property from a seller (“grantor”) to a buyer (“grantee”). R. You are merely signing over your legal interest, if any, in the property. Tenancy in common distributes the. by gift, or as an individual heir or devisee of a deceased. It is possible to hold a shared interest in an asset in a few states. A Spouse Only Owns 50% of Joint Tenancy Property. Joint Tenancy: A type of property right where two or more people own or rent a property together, each with equal rights and obligations, until one owner dies. The property can be. The total amount of property a person owns is. The definition of marital property applies to assets earned, purchased or acquired in just about any way other than a unilateral transfer. (2) All property acquired by the person after marriage by gift, bequest, devise, or descent. transmuted into separate property. In Arizona, deeds of trust are creatures of statute. pursuant to a court order (ARS 11-1134-A5), a gift (ARS 11-1134-A7), or person and trustee/trustee to beneficiary (ARS 11-1134-B8. He claimed that when he and Carolyn transferred separate property into joint tenancy, it was a gift to the community. This means that a married couple, for instance, must fill out and record two separate TOD deeds. In Hirt v McKeon, unpublished per curiam of the Court of Appeals issued February 3 rd, 2015 (Docket No. Rather, the court will divide property between spouses in a way that it considers fair. • A gift of lands to two or more persons in joint tenancy is such a gift as imparts to them, with respect to all other persons than themselves, the properties of one single owner. S. The amount of tax depends on your relationship. the deed must specifically state the parties' intention to create a joint tenancy and the parties must be explicitly identified as joint tenants. If you wish to terminate your joint tenancy while retaining an interest in the property, there are a few options to consider. Joint Tenancy: a form of co-ownership where property is owned by two or more persons at the same time in equal shares. Understanding Beneficiary Deeds. You can choose more than one person as your grantee or another legal entity. As of July 20, 1996, the Arizona legislature effectively abolished the requirement of the “straw deed” and the necessity of joint tenants to all take their interest at the same time. Joint tenancy is a legal term for an arrangement that defines the ownership interests and rights among two or more co-owners of real property. Note that a joint tenancy with rights of survivorship can be severed if one of the co-owners deeds all or part of that person’s ownership interest to another party, or puts it. You can change this only by giving up your rights in the home. Quit to Joint Tenancy: This form is used by a Grantor of a parcel of land, when he/she gives and/or sells his/her interest in said property, to the Grantees as Joint Tenants, with the right of survivorship. acquire property as joint tenants, is the joint tenancy deed alone sufficient to transmute the community character of the property into the separate property of the spouses? Family Code section 852 provides that for property acquired on or after January 1, 1985, a transmutation “is not valid unless made in writing byJoint Tenancy Means Equal Shares. Chandler Arizona Warranty Deed for Separate or Joint Property to Joint Tenancy Make the most of our extensive online form library to make sure you always can get up-to-date. If you co-own property with someone else as "tenants in common," you can sell your share of the property independently, and you can also leave just your share to someone at death. In order to sever the right of survivorship, a tenant must only record a new deed showing that his or her interest in the title is now held in a Tenancy-in-Common or as Community Property. To the extent that either one of you pays more than half of the cost of the joint tenancy property costs each year, including both mortgage interest and property taxes (less a $14,000 annual allowance amount, as explained in my original answer), then under the estate and gift tax rules, a "deemed gift" is considered to have been made . If you co-own real estate as joint tenants with right of survivorship, when one co-owner dies, that co-owner's share of the property will automatically go to the surviving co-owner(s). Joint tenancy is when each owner has equal shares in the property. Texas law is different. Each party owns a specific, undivided interest in the property. Only clear and convincing evidence proving that was his a spouse’s intention can rebut this presumption. R. Any asset or investment that is acquired during the marriage becomes a part of the “community” of the marriage. Author: Francisco Sirvent - Keystone. This is a statutory presumption that all property acquired by husband and wife is community property. The law, Mr. See N. Learn why you should terminate them with experienced estate planning attorneys. "Half" relatives inherit as if they were "whole. Other forms of co-ownership include tenants-in-common and a tenancy by the entirety. Note: If a married person enters into a joint. To qualify, IRS Revenue Ruling 87-98 requires spouses to acknowledge in writing to each other that their joint tenancy property is also community property. Beneficiary deeds; recording; definitions. The following are community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Different forms of holding title among multiple owners have differing legal ramifications, especially upon the death of one or more of the co-owners. With more wealth, lines get blurred. R. The Joint tenants must derive their interest by the same instrument (e. For. Grant Deed. Sometimes it is desirable to add someone to the title of a house you own. Recording the deed as directed "shall be notice to all persons of the existence of such grant, deed or instrument" (A. When a joint tenant dies, title to the property is automatically conveyed by operation of law to the surviving joint tenant(s). Joint tenancy. 2. 2d 1172. Sporty and studious, caring and loyal, John is a father of two wonderful children (and Cooper the dog). 75 A. $400,000. Joint living trusts are commonly used to transfer assets between spouses upon one spouse’s death. 1. With respect to a deceased joint tenant, the termination or extinguishment by death of that tenant's joint tenancy with right of survivorship may be evidenced by the recordation of both of the following items in the office of the recorder of the county or counties where the real property is located: 1. Comparison to Other Deed Forms. Arizona Revised Statutes Title 33. #2) Can One Spouse Sever a Joint Tenancy Without the Other’s Consent? In Australia, it’s possible for one spouse to unilaterally sever a joint tenancy through a process known as ‘unilateral severance. 02. Baldwin could only hold property as community property. • when 2 or more single individuals or couples acquire title to Real Estate and the form of. L. We hold that under this rule, joint tenancy titling of property acquired by spouses using community funds on or after 2 In re BRACE Opinion of the Court by Liu, J. Upon death, the interest passes in accordance with either a will or the laws of intestacy. The. Review the template by reading the description for using the Preview function. The two parties could be a husband and wife, business partners or any other combination of people who have a reason to. A gift deed, or deed of gift, is a legal document voluntarily transferring title to real property from one party (the grantor or donor) to another (the grantee or donee), typically between family members or. Separate property A. Chandler Arizona Warranty Deed for Separate or Joint Property to Joint Tenancy Make the most of our extensive online form library to make sure you always can get up-to-date samples that are prepared for downloading, preparing, and signing. g. In some states, these may be considered separate deed types, but in California, these are usually just customized grant deeds. Swink v. If the joint tenancy was with your spouse, however, an exception applies: spouses never pay inheritance tax. Joint tenants with right of survivorship is a legal status that determines how property is transferred after one homeowner dies. Disposition. )The property deed and state law determine the legal nature of homeownership. An allowance for child support or spousal maintenance, or. Even if you divided everything informally when you separated, a judge still needs to make a formal order about these issues. Generally, real property is owned in either sole ownership or in co-ownership. In many states, 4 unities must be satisfied to create a joint tenancy: unity of possession; unity of interest;All joint tenants must agree to the sale or mortgage of the property. If there were five owners, each would control 20% interest in the property. But everyone receives a lifetime higher estate and gift tax exemption of $12. Virginia. . In Phoenix, Arizona, there are two main types of warranty deeds that can be used to transfer separate property in this manner: 1. Contract of sale or granting of option to purchase, to third party, by both or all of joint tenants or tenants by entirety as severing or terminating tenancy, 39 A. FindLaw's top 10 reasons unmarried partners owning property as joint tenants is a good idea are below. Title: Each owner must receive the title on the same deed showing title. There remains the more difficult question of the validity of this deed to create a joint tenancy in the plaintiff and his wife. 2018) WL1755415, an unmarried couple purchased a residential property and held title as joint tenants for approximately thirty years. If you have any further questions regarding joint tenancy or would like to make an appointment with Gloria Petroni, call 775. 2. It was bought with community property income (income earned during the marriage) A family home, which the deed states is owned by you and your. Create a new document called a deed transfer. her separate property. One party may own 60% while another party owns 40%. Owners of real property in Wisconsin can hold title in one of three ways: as tenants in common, joint tenants, or, if spouses, as community property (known in Wisconsin as marital property). 3. Arizona. tenancy by the entirety. entire property is includable in that owner's gross estate. Each form must be notarized. The surviving owners will need to remove the deceased owner's name from the. § 25-318(A). “In order to constitute a joint tenancy, four requisites must exist, namely: The tenants must have one and the same interest; the interest must accrue by one and the same. Unity of Interest - all joint tenants hold an equal ownership interest 3. The parties need not be married to take title as joint tenants, and there may be more than two joint tenants. This article covers the difference between the two types of deeds and the process for filing them. It reviewed each to determine whether the. it is clear that a substantial gift would have taken place the moment he made Liz a joint owner on the deed. You and your co-owner need not own. Murin took title to the whole property in the divorce. A boat, owned and registered in your name, which you bought during your marriage with your income. Make sure and use the legal description on the deed. In addition, this is what will happen with your separate property: A. A separate law called the doctrine of necessaries may obligate you to pay your spouse’s debt. Gift deeds in Arizona are exempt from two requirements associated with other title transfers: the real estate transfer fee and the affidavit of property/legal value (A. Joint tenancy is a form of ownership where both people share ownership equally. A joint tenant can indeed sever the right of survivorship WITHOUT the consent of the other joint tenants. The deed is signed by the grantor (giver). 3. App. 84 million without paying any federal estate or gift tax. 1945 secs. For simplicity, much of the language relating to beneficiary deeds refers to a single owner. 84 million without paying any federal estate or gift tax. Which of the following statements regarding a joint tenancy is FALSE? Joint tenants each have the right to use the whole property. tenants. g. Winters, 298 P. 4 million (exclusion amount): Have asset Real Estate VESTING OPTIONS in Arizona Include: COMMUNITY PROPERTY: Arizona is a community property state. When you add your spouse to the deed, however, the spousal basis is still what you paid for the property. E. In general, Arizona allows multiple individuals to hold title in one of three ways: tenancy in common, joint tenancy, and community property (§ 33-431). See morePlacement of Properties into Joint Tenancy by Husband Constituted a Gift of Separate Property Spouse Gifting Property Through Joint Tenancy is Not Entitled. Convey Real Property Using Deeds • See A. A joint tenant may transfer their interest unilaterally, and without the knowledge and/or consent of the co-tenant (s). Disposition. If you leave a will stating otherwise, the deed overrides the terms. This refers to the transfer of real property as a gift. Offers FREE consultation! Posted on Feb 16, 2018. Any real or personal property acquired by either spouse during the marriage becomes community property. Generally, a property that is acquired separately remains separate during the marriage. If all the marital property is owned as joint tenants, then at the time of the first spouse’s death, nothing needs to happen to transfer property. Therefore, joint tenancy property is not subject to disposition by will. Inter vivos transfer of a joint tenant’s undivided share by sale or gift terminates the joint tenancy by destroying all the unities except the unity of possession and thereby converts the estate into a tenancy in common. Convey Real Property Using Deeds • See A. C. L. Another method for severing a joint tenancy is for one of the joint tenants to simply make an offer to purchase the other joint tenant's interest in the property. Probate is not avoided when the last owner dies. The Court of Appeals agreed with the general proposition that placing the property in joint tenancy constitutes a gift to the community, but noted that jointly held property was subject to equitable, not equal, division. R. CHAPTER 3. Guardian's position as joint tenant of or successor to property in ward's estate as raising conflict of interest, 69 A. The primary feature of joint tenancy is the right of survivor-ship, the jus accrescendi. M. It determined that the trial court acted well within its discretion. He is, however, first to admit that the team around him run the show, and he’s incredibly proud of each and every one of them. NRS 123. Property is either separate property or community property. Title must have been acquired at the same time, by the same conveyance, and the document must expressly declare the intention to create a joint tenancy estate. Draw your signature, type it, upload its image, or use your mobile device as a signature pad. Contact Adam today at 480-750-7337 or by email at adam@gundersonlawgroup. ” (“Tenants in common” is the other main way to hold property jointly in South Carolina, and there is also a third. These are the ways to take title in Arizona: Community Property, Community Property With Right Of Survivorship, Joint Tenancy With Right Of Survivorship, Tenancy In Common, Trust (With A Trustee), Sole And Separate Property, Corporation, General Partnership. 566. John, Ted, and Alice own property as joint tenants. B1. Adam practices primarily in the areas of business and family-based immigration, trusts and estate planning, and business planning. SEPARATE PROPERTY. R. There are many reasons why it may be a very bad idea to transfer property into, or to own property in, joint tenancy: Prescott AZ lawyers. B)Tenancy by the entirety is a special form of joint tenancy only available to residents of Louisiana. who owns separate property and also was a tenant by the entirety or joint tenant, then the survivor should, in addition to the probate pro-ceedings in connection with the separate property, prepare and file the affidavit and death certificates under Wyo. m. Separate property also includes assets inherited by one spouse or gifted to the individual. Black’s Law Dictionary (8th Ed. S. The deed must explicitly stipulate a joint tenancy, and the owners must be explicitly identified as joint tenants. — If a party alleging that property held in joint tenancy was meant to be separate, to prevail there must be either a clear designation of that intent, or enough evidence to overcome the presumption of community property. property that the spouses have agreed (in writing) is separate, usually through a legally valid prenuptial or postnuptial agreement, and. Edit your joint tenancy deed online. The default ownership for married couples is joint tenancy in. John and Ted remain joint tenants owning two-thirds interest. was to them as separate individuals and not to them as a unit. The male co-owner later obtained a second mortgage for $100,000 in his name alone. Transfers of real property must be in writing and notarized. In order to create a joint tenancy, the document. Property acquired by either spouse during the course of a marriage is considered marital property. Adam practices primarily in the areas of business and family-based immigration, trusts and estate planning, and business planning. Simply put, if you are unmarried, everything that you own is separate property, according to Arizona inheritance laws. Depending on the state, there are ways to title a deed for joint ownership. The co-owners, or co-tenants, are commonly categorized as either joint tenants or tenants in common. Joint tenancy with the right of survivorship. Instead, the California Supreme Court reiterated the. Such property can be jointly owned by two or more people; meaning, all of the people involved hold title to the property. 01. Establishing separate property of a spouse. For joint tenancy property acquired between January 1, 1975 and December 31, 1984. R. Thorsteinson commenced an action to set aside the. Joint Tenancy. Sarah, for example, could have a 40%. Half-relatives. E. joint tenancy, and. If a married person acquires title as sole and separate property, his/her spouse must execute a disclaimer deed. As discussed below, although common law joint tenancy has been abolished in Tennessee, a joint tenancy may still be created as a matter of contract. Upon the death of one owner, title automatically goes to the surviving joint owner or owners. Joint Tenancy with Right of Survivorship. Commingling of assets does not happen on purpose. Likewise, if a parent named only one child as a joint tenant on the deed to the family farm or residence but later created a will expressing a wish to have all of the children share equally in the property, the deed would override the will, and the entire interest in the property would pass to the one child who was listed on the deed as a. Deciding on the best way to hold title in California can be complicated on account of the many factors that must be taken into consideration. ’Plaintiff avers by the same. Ownership stake is jointly shared between the two individuals, whether they’re spouses, partners or even roommates. Search by state or form title and save it to your device or the cloud service in minutes. (3) The duration of the marriage and the age and physical and mental health of both parties. S. Otherwise, you can follow the steps outlined below to convert a joint tenancy to a tenancy in common: Although not required, hire a title company that will help with the deed modification process. Joint tenancy creates a Right of Survivorship. For simplicity, much of the language relating to beneficiary deeds refers to a single owner. Earnings of either spouse during a marriage are community property in Arizona. Comp. Updated October 03, 2023. D. Click on the New Document option above, then drag and drop the document to the upload area,. C)Joint tenancies can only be severed with the permission of a court. With these. Joint tenancy with right of survivorship provides another way of holding title to real estate that allows title to pass between joint owners outside probate. Not every deed that describes the co-owners as joint tenants is sufficient to create a joint tenancy. An alternative is transferring the property to your. Warranty Deeds. Armer, 463 P. Surprise Arizona Warranty Deed for Separate or Joint Property to Joint Tenancy A professional template by US Legal Forms will assist you to spend less time and costs, and stress. With joint tenancy, multiple owners end up sharing equal ownership rights. 020 3370 8784 / Email Directly. Community Property. Since no probate was required for property held in joint tenancy (the “right of survivorship” part of joint tenancy means the surviving joint tenant receives the property without having to go through the probate process), most married couples opted for joint tenancy rather than community property. In other cases, however, the judge may decide to award one spouse a greater percentage of the marital. The definition of marital property applies to assets earned, purchased or acquired in just about any way other than a unilateral transfer. Unlike warranty deeds, quitclaim deeds offer zero buyer protection. When multiple owners are not joint tenants (or a married couple with right of survivorship), then the beneficiary deed becomes effective as to the signer’s share of the property at their death. Disposition. Current as of March 08, 2022 | Updated by FindLaw Staff. January 1, 1985 is not sufficient by itself to transmute community property into separate property. “The law in this state recognizes that a joint tenancy may be held by two or more persons in personal as well as real property. For example, a house, car, or furniture. A conveyance of real property that is executed pursuant to a court order. The rent received by the inheriting spouse is considered separate property. separate property character of an asset acquired by spouses during marriage. In a community property state, if the deed says the property is owned "as husband and wife," that means community property. '1 3 5' will search for 1, 3, or 5 while '1:5' will search for 1 through 5. Joint tenants own equal shares of the property and each one has the right to possess the property. Specific state laws will dictate the ins and outs of these concurrent ownership alternatives where you live, but here is an overview of the rights of concurrent property owners. A transfer solely in order to provide or release security for a debt or obligation, including a trustee’s deed pursuantBackground. He argued that the property was held by the spouses as joint tenants or remained the separate property of the husband. Each joint tenant also has an equal interest in the property with all other owners. The Arizona Court of Appeals in the In re the Matter of Flowers case held that although a sole and separate home was turned into community property during the marriage, a trial court may have the authority to award 100% of that home to the spouse who originally owned it as sole and separate property if it is equitable to do so. 130. Joint tenancy is appropriate only when each joint tenant (in theory, there can be any number) owns the same percentage of the property. Basis Step-Up with Joint Tenancy H and W purchased a house for $500,000 (original basis) in 2000 and took title as joint tenants. "California Family Code Section 852: Converting Community Property to Separate Property. a deed or will) (4) Unity of interest. In Community Property States. The individual circumstances of your case will impact property division in your divorce. 2004) defines dower as “a wife’s right, upon her husband’s death, to a life estate in one-third of the land that he owned. Joint Owned Property: Any property held in the name of two or more parties. See Chester H. Under common law, joint tenancy with a right of survivorship requires that the ownership interests are: Held by all of the joint tenants. App. Joint tenancy is a property law concept that allows numerous people to possess and own property jointly. A sheriff’s deed is a deed granted at the end of a mortgage foreclosure, in which the sheriff, under the order of the court in the foreclosure case, grants ownership of the property to the successful bidder at the sheriff’s sale. If you die first, after a long marriage, and your spouse sells that $100,000 house for $750,000, their capital gains totaled $650,000, and they must pay capital gains tax on $400,000. The quitclaim can grant the home from yourself to both of you. A statement that the property was held in joint tenancy, citing the document identification number for the prior deed. In Tennessee, special warranty deeds are statutory. A5. Beneficiary deeds; recording; definitions. In Florida, tenants by entireties means both spouses own an undivided interest in 100% of the property. But all joint owners have equal rights in the property. Separate Property. Upon the death of one tenant in common, his or her ownership interest passes to his or her heirs as part of the estate. This means that in the event of a divorce, a court will distribute the. Each joint tenant may occupy the entire property subject only to the rights of the other joint tenants. How to fill out Arizona joint tenancy deed: 01. The advanced tools of the editor will lead you through the editable PDF template. The rules for when a transfer of property in joint names is a gift are complicated. Revise it with your favored offline or online editor, fill it out, sign it, and. The grantees are two named people: you and your spouse. property that one spouse owned before the marriage. Wisconsin. Title to real property can be held in joint tenancy by two or more individuals either married or unmarried. The home is now worth $300,000. Joint tenancy with right of survivorship (“joint tenancy” or “JTWROS”) is just one of numerous ways multiple persons can hold title to real property. Separate multiple values with a space. The right of survivorship typically applies to instances of joint tenancy and community property. But the idea of separate property isn’t that simple, as it is divided into. Siberell, which treated property in joint tenancy as separate property. C)Joint tenancies can only be severed with the permission of a court. A husband’s after-the-fact testimony that he never intended a gift is insufficient and not clear and convincing evidence. An example of tenancy in common would be if Person A and Person B purchase a home together for $100,000. Each joint tenant must have equal shares in the property For e. 01. In a community property state, marital property becomes community property, which is equally owned by both spouses 50-50 regardless of who paid for it or how it is titled. Tenants in common have separate titles,. An alternative is transferring the property to your. 1991) 940 F. A “transmutation” is an interspousal transaction or agreement that changes the character of property as community or separate. L. In order to sever the right of survivorship, a tenant must only record a new deed showing that his or her interest in the title is now held in a Tenancy-in-Common or as Community Property. (which exists when they have an account registered as either ‘joint tenants with rights of survivorship’ or ‘joint tenants by the entirety’), each spouse is presumed to own 50% of the account. L. Joint tenancy with rights of survivorship gives everyone equal ownership rights that automatically pass on to survivors in the event of an owner’s death. No one owner owns “more” of the property. Maricopa Arizona Warranty Deed for Separate or Joint Property to Joint Tenancy Obtain a document from the US Legal Forms catalogue and avoid paper chaos or lost time with outdated templates. Joint Tenancy with right of survivorship is a method of co-ownership that gives title to the real property to the surviving tenant (s) upon death of a joint tenant owner. This includes real property. Just as separate property can be transformed into shared property, community property can be turned into separate property by a gift from one spouse to the other. This means that when one owner passes away, their share of the property automatically transfers to the surviving owner (s) without going through probate. a. A surviving joint tenant automatically takes a deceased joint tenant's interest.