How does joint tenancy with right of survivorship work in Kentucky?
In Kentucky, a joint tenant’s share passes to that owner’s heirs or under a will rather than to the other owners, unless it manifestly appears from the deed that the share of the one who dies was meant to belong to the others. A deed to a husband and wife makes them tenants in common unless it expressly provides a right of survivorship. Where a deed expressly creates a mutual right to the entirety by survivorship between a husband and wife, nothing in either spouse’s will defeats the survivor’s right. A joint tenant may end survivorship as to their own share by recording a deed that expresses the intent to partition, which turns that share into a tenancy in common, except for a principal residence owned only by a husband and wife as joint tenants with a right of survivorship. The words in the deed decide which kind of ownership was created, so read the deed itself. This is KRS 381.120; KRS 381.130; KRS 381.050.
| What | Kentucky |
|---|---|
| A deed to two or more people | Survivorship only if the deed says so |
| What it means | Survivorship only where a written agreement says so |
Source
KRS 381.120; KRS 381.130; KRS 381.050
Read the statute in the Kentucky Revised Statutes (Kentucky General Assembly): apps.legislature.ky.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 Kentucky rules
- How many days does a tenant get to pay late rent in Kentucky?
- How much notice does a landlord have to give before entering in Kentucky?
- How much notice must a landlord give to end a tenancy in Kentucky?
- What are squatters’ rights in Kentucky?
- Is there rent control in Kentucky?
- Can a landlord refuse a Section 8 voucher in Kentucky?
- Can a landlord retaliate against a tenant for complaining in Kentucky?
- Can a tenant repair and deduct from rent in Kentucky?
- Can a tenant sublet in Kentucky?
- What happens if a tenant breaks a lease in Kentucky?
- Do HVAC contractors need a license in Kentucky?
- Do you need a license to do electrical work in Kentucky?
- Do you need a license to work as a plumber in Kentucky?
- What is the deadline to file a mechanic’s lien in Kentucky?
- Do contractors charge sales tax in Kentucky?
- Every Kentucky rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii