Resources & Insights

Can a Joint Tenant Owner and Property be Responsible for the Other Joint Tenants Debts?

Joint tenancy ownership is distinguished by what are known as four unities;

  1. Unity of title;
  2. Unity of interest;
  3. Unity of possession;
  4. In unity of time.

Joint tenants have identical, undivided interests in the jointly owned property.

In a recent case the issue before the court was whether a creditor could seize the interest of the non-debtor joint tenant in order to satisfy the debt of the other joint tenant.

The court held that because a creditor cannot seize the interest of a non-debtor tenant the creditor was unable to enforce the debt against the non-debtor joint tenant.

Written by Barrie Hayes