How does joint tenancy with right of survivorship work in Indiana?
In Indiana, a deed to two or more people creates a tenancy in common unless it says the grantees hold in joint tenancy and to the survivor of them, or the intent to create a joint tenancy manifestly appears from the deed. The tenancy-in-common rule does not apply to mortgages, conveyances in trust or conveyances made to a husband and wife. A written contract in which a husband and wife buy real estate (or lease it with an option to buy) creates an estate by the entireties that neither can sever during the marriage, unless the contract expressly creates a tenancy in common, and when either dies the survivor is treated as having owned the whole from the start. A joint deed by a husband and wife conveys land they hold as tenants in common, joint tenants or tenants by the entireties. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Ind. Code §§ 32-17-2-1, 32-17-3-1, 32-17-3-4.
| What | Indiana |
|---|---|
| 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
Ind. Code §§ 32-17-2-1, 32-17-3-1, 32-17-3-4
Read the statute in the Indiana Code (Indiana General Assembly): iga.in.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
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The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii