How does joint tenancy with right of survivorship work in California?
In California, an interest created for several people in their own right is an interest in common unless it is acquired in a partnership, declared in its creation to be a joint tenancy, or acquired as community property. A joint tenancy must be expressly declared in the will or transfer that creates it, and an owner, cotenants or spouses may create one by transferring to themselves and others with that declaration. Spouses may also hold community property with right of survivorship when the transfer document expressly declares it, and it then passes to the surviving spouse without administration. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Cal. Civ. Code §§ 686, 683, 682.1.
| What | California |
|---|---|
| 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
Cal. Civ. Code §§ 686, 683, 682.1
Read the statute in the California Codes (California Legislative Information): leginfo.legislature.ca.gov.
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.
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The same question in other states
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- Alaska
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- Colorado
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