How does joint tenancy with right of survivorship work in Maine?
In Maine, a deed to two or more people creates a tenancy in common unless it says otherwise, and a deed that names the grantees as joint tenants or as having the right of survivorship, or otherwise shows that intent, creates a joint tenancy with right of survivorship. The section has no separate rule for spouses. When an owner deeds property to themself and others with words such as "as joint tenants," "with rights of survivorship" or "as tenants by the entirety," the deed creates a joint tenancy among all the grantees, including the grantor, with the attributes of a joint tenancy at common law. A joint tenant’s deed to themself and the others as tenants in common, or one that shows an intent to sever the joint tenancy, creates a tenancy in common. The words in the deed decide which kind of ownership was created, so read the deed itself. This is 33 M.R.S. § 159.
| What | Maine |
|---|---|
| A deed to two or more people | Tenancy in common unless the deed says otherwise |
| What it means | Tenancy in common unless the deed declares survivorship |
Source
Read the statute in the Maine Revised Statutes (Maine Legislature): legislature.maine.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.
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The same question in other states
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