How does joint tenancy with right of survivorship work in Delaware?
In Delaware, a grant of land to two or more people, other than executors or trustees, creates no joint tenancy unless it expressly conveys the land to them to be held as joint tenants and not as tenants in common. Spouses may hold real estate as tenants by the entirety, and a spouse may convey to both spouses as joint tenants with right of survivorship or as tenants by the entirety without the other spouse joining in the deed. Property held by the entireties is not subject to the claims of a creditor of only one spouse. The words in the deed decide which kind of ownership was created, so read the deed itself. This is 25 Del. C. §§ 701, 309.
| What | Delaware |
|---|---|
| A deed to two or more people | No joint tenancy unless the deed expressly says so |
| What it means | Tenancy in common unless the deed declares survivorship |
Source
Read the statute in the Delaware Code (Delaware General Assembly): delcode.delaware.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.
Compare this rule in every state
More Delaware rules
- How long does a landlord have to return a security deposit in Delaware?
- How much can a landlord charge for a security deposit in Delaware?
- How many days does a tenant get to pay late rent in Delaware?
- How much notice does a landlord have to give before entering in Delaware?
- How much notice does a landlord have to give before raising the rent in Delaware?
- How much notice must a landlord give to end a tenancy in Delaware?
- How much can a landlord charge for a late rent fee in Delaware?
- Is there a grace period for paying rent in Delaware?
- How much can a landlord charge for a rental application fee in Delaware?
- What are squatters’ rights in Delaware?
- Can a landlord refuse a Section 8 voucher in Delaware?
- Can a landlord retaliate against a tenant for complaining in Delaware?
- Can a tenant repair and deduct from rent in Delaware?
- Can a tenant sublet in Delaware?
- What happens if a tenant breaks a lease in Delaware?
- Do HVAC contractors need a license in Delaware?
- Do you need a general contractor license in Delaware?
- Do you need a license to do electrical work in Delaware?
- Do you need a license to work as a plumber in Delaware?
- Can you use a transfer-on-death deed in Delaware?
- What is the deadline to file a mechanic’s lien in Delaware?
- Do contractors charge sales tax in Delaware?
- Every Delaware rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho