How does joint tenancy with right of survivorship work in Georgia?

In Georgia, an instrument of title in favor of two or more people creates interests in common without survivorship unless it expressly calls them "joint tenants", "joint tenants and not as tenants in common" or "joint tenants with survivorship", or says they take "jointly with survivorship". Language essentially the same as one of those phrases also creates a joint tenancy, and an owner may create one by conveying to himself or herself and others. A joint tenant’s interest is severed by recording a lifetime transfer of it, unless all of the joint tenants join in the same recorded transfer. After a divorce or annulment, either spouse may turn their joint tenancy into a tenancy in common by recording an affidavit with a copy of the final order, unless the order disposed of the joint tenancy otherwise. The words in the deed decide which kind of ownership was created, so read the deed itself. This is O.C.G.A. §§ 44-6-190, 44-6-120.

WhatGeorgia
A deed to two or more peopleTenancy in common unless the deed says joint tenants
What it meansTenancy in common unless the deed declares survivorship

Source

O.C.G.A. §§ 44-6-190, 44-6-120

Read the statute in the Official Code of Georgia (Georgia General Assembly): legis.ga.gov.

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

Compare this rule in every state

More Georgia rules

The same question in other states

Related