How is "joint tenancy" characterized in Utah property law?

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In Utah property law, "joint tenancy" is characterized by equal ownership among multiple owners, coupled with rights of survivorship. This means that each tenant, or owner, has an equal share of the property, and upon the death of one joint tenant, their share automatically passes to the surviving tenant(s), rather than passing through probate or to heirs. This feature is a defining characteristic of joint tenancy and provides a straightforward mechanism for transferring ownership without the delays often associated with probate processes.

The requirement for equal shares reflects a fundamental principle of joint tenancy, which contrasts with other forms of ownership like tenancy in common, where owners may hold unequal shares. The survivorship aspect is crucial because it ensures that the property remains within the group of joint tenants until the last surviving tenant, at which point it can then be passed on according to the deceased's estate plan or through state law if no plan exists. In Utah, as in many jurisdictions, this legal structure creates a strong incentive for individuals to hold property together under a joint tenancy arrangement due to the efficiencies and protections it affords.

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