- Jurisdiction
- Illinois
My partner and I are closing on a house in two weeks and I asked my attorney to title it as Joint Tenants at 50/50 ownership. I want it that way so that we would have survivorship rights in case of death and the deceased's half would automatically go to the other without going to probate or needing a will. My attorney is telling me she is going to do it as Tenants in Common, which to my understanding does not have survivorship rights. Is there a way to do it as Tenants in Common and have a rider that spells out survivorship rights? If so, is that even enforceable? Or is my attorney way off base and steering us in the wrong direction?