Sole Possession in Joint Tenancy? Forum

[kykiske]

I was hoping to get some clarification on this issue.

Can someone explain a scenario how a party has sole/exclusive possession of the property, but is also part of a joint tenancy?

How is that party's rights different from a party that doesn't have sole/exclusive possession?

[MauriceGains]

I could be wrong, but I think the distinction is that ownership doesn't equal possession. So, there could be joint ownership of a property physically possessed by one person. Through agreement with the other joint tenant, the possessing tenant has exclusive possession but has normal fiduciary duties to the other joint tenants who own the property.

[presh]

I could be wrong, but I think the distinction is that ownership doesn't equal possession. So, there could be joint ownership of a property physically possessed by one person. Through agreement with the other joint tenant, the possessing tenant has exclusive possession but has normal fiduciary duties to the other joint tenants who own the property.

TITCR

[MauriceGains]

I could be wrong, but I think the distinction is that ownership doesn't equal possession. So, there could be joint ownership of a property physically possessed by one person. Through agreement with the other joint tenant, the possessing tenant has exclusive possession but has normal fiduciary duties to the other joint tenants who own the property.

TITCR

Really? Yuh!