We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Joint Tenants with Right of Survivorship in Property Law
Definition & Meaning
Joint tenants with the right of survivorship refers to a legal arrangement where two or more individuals co-own a property. In this arrangement, if one owner passes away, their share of the property automatically transfers to the surviving owner(s). This means that the surviving co-owners gain full ownership of the property without the need for probate. It's important to note that this form of ownership differs from other types of co-ownership, where each party's ownership is based on their financial contribution to the property.
Table of content
Legal Use & context
This term is commonly used in real estate law and estate planning. It is relevant in civil law contexts, particularly when discussing property ownership and inheritance. Joint tenancy with right of survivorship is often utilized to simplify the transfer of property upon the death of an owner, avoiding the lengthy probate process. Users can manage this arrangement using legal templates available from services like US Legal Forms, which provide guidance on how to establish joint tenancy correctly.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: Two friends, Alex and Taylor, purchase a house together as joint tenants with the right of survivorship. If Alex passes away, Taylor automatically becomes the sole owner of the house without needing to go through probate.
Example 2: A couple, Jamie and Jordan, buy a vacation property under this arrangement. If one partner dies, the other partner inherits the entire property immediately (hypothetical example).
State-by-state differences
State
Key Differences
California
Allows for joint tenancy with right of survivorship without specific language in the deed.
Texas
Requires explicit language in the deed to establish joint tenancy with right of survivorship.
Florida
Joint tenancy is recognized, but it is less common than tenancy by the entirety for married couples.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Description
Tenancy in Common
Each owner has a distinct share of the property, which does not automatically transfer to other owners upon death.
Tenancy by the Entirety
A form of joint ownership available only to married couples, where each spouse has an equal and undivided interest in the property.
Common misunderstandings
What to do if this term applies to you
If you are considering joint tenancy with right of survivorship, it's advisable to consult a legal professional to ensure it aligns with your estate planning goals. You can also explore US Legal Forms' templates for creating a joint tenancy agreement, which can simplify the process. If your situation is complex, seeking legal advice is recommended to avoid potential pitfalls.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Type of ownership: Joint tenancy with right of survivorship
Number of owners: Minimum of two
Transfer upon death: Automatic to surviving owners
Probate requirement: None for surviving owners
Common uses: Real estate ownership, estate planning
Key takeaways
Frequently asked questions
In a joint tenancy, one owner cannot sell their share without the consent of the other owners. Selling would convert the ownership to a tenancy in common.
Yes, joint tenants can be family members, friends, or any individuals who agree to co-own the property.
Not necessarily. It's important to consider individual circumstances and consult with a legal professional to determine the best ownership arrangement.