Homesite Lease Application Page 3

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FOR JOINT APPLICANTS ONLY
We have selected one of the following Cotenancy. We acknowledge and understand the difference. (For
information, contact Navajo Land Department).
_____Joint tenancy with Right of Survivorship: is held by two or more persons jointly, with equal rights to
possession and enjoyment during their lives. It is distinguished from other forms of cotenancy by the right of
survivorship. Under the doctrine of survivorship, the entire estate, upon the death of one of the joint tenants,
goes to the survivor, (or, in the case of more than two joint tenants, to the survivors, and so on to the last
survivor); the estate of the deceased joint tenant has no interest, and because there is no interest for a
testamentary will to transmit, a joint tenancy may not devise his or her interest in the joint tenancy.
In community property jurisdictions, including the Navajo Nation, it is possible for spouses to hold property in
joint tenancy, but such property is separate and not subject to the court's distribution upon divorce, nor is it
subject to probate upon the death of one spouse.
Absence of a valid contrary contractual agreement among or between the joint tenants, each joint tenant
may unilaterally sever the joint tenancy by conveying or encumbering his/her fractional interest. The grantee
then becomes a tenant in common (see below) with other joint tenant or tenants and the right of survivorship
is destroyed. The fractional interest of each joint tenant can also be taken in satisfaction of debts; such
taking severs the joint tenancy. NO PROBATE REQUIRED, HOMESITE GOES TO SURVIVING PERSON.
_____Tenancy in Common: is identical to a joint tenancy in all but one significant attribute - it lacks the right
of survivorship. When a cotenant in common dies, the surviving cotenant(s) does not succeed to the
decedent's interest. Rather, the decedent's fractional interest in the property must be probated. PROBATE
REQUIRED, COURT WILL MAKE DECISION, ATTORNEY FEES INVOLVED.
_____Community Property: By statute, the Navajo Nation is a community property jurisdiction (see 9
N.T.C. § 205). If a married couple does not elect to hold their homesite in community property, then
community property principles will govern the distribution of the marital property upon dissolution of marriage,
and upon the death of one spouse, one half of the community property (the decedent's share) must be
probated in accordance with Navajo law.
PROBATE REQUIRED, COURT WILL MAKE DECISION,
ATTORNEY FEES INVOLVED.
The above mentioned cotenancy has been explained to us. We acknowledge and understand the difference.
Signed this ________ day of_____________________________, 20________.
____________________________________________________
_____________________
Applicant
Census No.
____________________________________________________
_____________________
Applicant
Census No.
FORM – JT06

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