Joint Tenancy

Joint Tenancy in United States

Plain-English Law

Joint Tenancy as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A way for two or more people to share ownership of real estate or other property. When property is held in joint tenancy and one owner dies, the other owners automatically receive the deceased owner’s share.

Practical Information

Note: Some of this information was last updated in 1982

An estate held by two or more persons at the same time, under the same title (in U.S. law) or source of ownership, in which each has the same degree of interest and the same right of possession. The chief characteristic of a joint tenancy is that upon the death of one of the joint tenants, his or her interest automatically passes to the other joint tenants still living. The courts do not favor joint tenancies, and many jurisdictions permit joint tenants to defeat the right of surviving joint tenants in the state of mortgage (in U.S. law) or conveyance to other persons. Some of the states have gone so far as to pass retroactive statutes making existing undivided interests tenancies in common unless the survivorship element is expressly provided for in the deed (in U.S. law) or will (in U.S. law) that created the interest. See also tenancy in common (in U.S. law): tenancy by the entirety (in U.S. law).

(Revised by Ann De Vries)

What is Joint Tenancy?

For a meaning of it, read Joint Tenancy in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Joint Tenancy.

Joint Tenancy in State Statute Topics

Introduction to Joint Tenancy (State statute topic)

The purpose of Joint Tenancy is to provide a broad appreciation of the Joint Tenancy legal topic. Select from the list of U.S. legal topics for information (other than Joint Tenancy).

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