Real Estate Law
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Can we be joint tenancy or does it have to be tenancy in common? What is the best way for us to hold title?
No, a joint tenancy by its very definition must have equal interests that each owner has. So if you want unequal interests, then you have to have a "tenants in common" designation..
So the 3 of us will be tenants in common correct?
With my husband and I holding 75% title and my son i law 25%.
Correct again. You and husband could hold title as joint tenants, but your son in law would te a tenant in common with you. So if he passed, his 25% goes into his estate. But if one of you passed, the surviving spouse becomes sole owner as a tenant on common with son in law.
Is there any other way we can hold title or is this our best option
No, this is the only option with unequal interests.