How does joint tenancy with right of survivorship work in Arkansas?
In Arkansas, real estate granted to two or more people, other than executors and trustees, is held as a tenancy in common unless the grant expressly declares a joint tenancy. Arkansas statutes treat estates by the entirety as a recognized form of ownership for spouses. When a court enters a final divorce decree, any estate by the entirety or survivorship the spouses hold is automatically dissolved unless the court order says otherwise, and they are then treated as tenants in common. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Ark. Code §§ 18-12-603, 9-12-317.
| What | Arkansas |
|---|---|
| A deed to two or more people | Tenancy in common unless the deed says joint tenancy |
| What it means | Tenancy in common unless the deed declares survivorship |
Source
Ark. Code §§ 18-12-603, 9-12-317
Read the statute in the Arkansas Code (Arkansas General Assembly): arkleg.state.ar.us.
The linked sections open Justia’s free copy of the code, because the state’s own site has no stable address for each section.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.
Guides on this rule
- Joint Tenancy and Transfer-on-Death Deeds by State — How each state reads a deed to two or more people, survivorship rules, and where a transfer-on-death deed is allowed by statute.
Compare this rule in every state
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The same question in other states
- Alabama
- Alaska
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho