Ohio Joint Tenants Rights

Section 5302.22 of the Ohio Revised Code governs the process upon the death of one joint tenant.

Joint tenancies allow two or more individuals to own real property together. Each joint tenant enjoys a right to the entire share of the property upon the death of one tenant. In Ohio, joint tenants do not have the same rights of survivorship that joint tenants in the majority of other jurisdictions have. Joint tenants in Ohio must be careful to insert language in their deeds of ownership to specifically include the right of survivorship.

Real or Personal Property

Tenants can own personal and real property as joint tenants. Many bank accounts are created as joint tenancies. The rights of survivorship exist for personal bank accounts and real property. Thus, each joint tenant has a right of undivided interest to the entire bank account and can close the account unilaterally in most states.

Ohio's Joint Tenancy Law

In Ohio, property owned by joint owners does not automatically convey to the other owners or survivors upon one joint owner's death. Ohio's real property laws require a document to include specific language that remaining joint tenants will have rights of survivorship.

Joint Tenure

Also known as, a "joint tenure" in Ohio, joint tenants must insert the specific language in their real property deeds providing an automatic right of survivorship. If one joint tenant conveys his interest to a third party, then the joint tenancy ends. In this case, tenants hold property as tenants in common.

Tenancy in Common

Tenants in common do not own an undivided interest in the entire parcel of land or personal property. Each tenant in common owns a divided share and can convey shares through a written transfer or convey it through a will to provide inheritance rights for third parties. Tenants in common do not have to own property in equal shares, as joint tenants do. For instance, Tenant A may own a 75 percent share, while Tenant B owns the remaining 25 percent share. If Tenant A predeceases Tenant B, Tenant A's 75 percent share passes to Tenant A's heirs.

Ohio Transfer on Death Deed

Ohio's General Assembly enacted a new law in August 2000, allowing residents with joint tenancies to use Transfer on Death Deeds to transfer property at death. The new law allows joint owners to transfer property without going through probate and avoiding certain gift taxes. To be legally valid, Ohio Revised Code Section 5302 requires that the deed contain specific language. The deed must specifically name all beneficiaries and be executed as required under Ohio's deed laws. Surviving beneficiaries must file an affidavit upon the owner's death at the county recorder's office where the property is located. The affidavit must include information of the owner's death, include an address and name all beneficiaries. Beneficiaries must attach a death certificate with their affidavit.

Considerations

Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.

References

• The American Bar Association: Home Ownership 101
• Ohio Legal Services: Dictionary of Legal Terms: Joint Tenancy
• The Ohio State University: Estate Planning Considerations for Ohio Families Bulletin

Resources

• Ohio Bar Association: Property Law