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

In Idaho, real estate granted to two or more people, other than executors or trustees, is a tenancy in common unless the grant expressly declares otherwise. An interest held by several people in their own right is an interest in common unless it is acquired in a partnership, declared to be a joint interest when it is created, or acquired as community property. A husband and wife may hold real property as community property with right of survivorship, which passes to the surviving spouse, when the grant, transfer or devise expressly declares that estate. Either spouse may end the survivorship by recording an "affidavit terminating right of survivorship", and a divorce or annulment turns it into a tenancy in common unless the court orders otherwise. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Idaho Code §§ 55-508, 55-104, 15-6-401, 15-6-402.

WhatIdaho
A deed to two or more peopleTenancy in common unless the deed says otherwise
What it meansTenancy in common unless the deed declares survivorship

Source

Idaho Code §§ 55-508, 55-104, 15-6-401, 15-6-402

Read the statute in the Idaho Statutes (Idaho Legislature): legislature.idaho.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.

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