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

In Illinois, a deed to two or more people creates a tenancy in common unless it expressly declares that the property passes not in tenancy in common but in joint tenancy. When both spouses (or civil-union partners) transfer homestead property and the instrument expressly declares it is made to tenants by the entirety, the estate is a tenancy by the entirety, and on the death of either the survivor keeps the entire estate. A judgment of dissolution of the marriage turns it into a tenancy in common by operation of law, and a deed of homestead held by the entirety is effective only if both tenants sign it. The words in the deed decide which kind of ownership was created, so read the deed itself. This is 765 ILCS 1005/1, 1005/1c.

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

Source

765 ILCS 1005/1, 1005/1c

Read the statute in the Illinois Compiled Statutes (Illinois General Assembly): ilga.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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