How does joint tenancy with right of survivorship work in Minnesota?
In Minnesota, a deed to two or more people creates a tenancy in common unless it expressly declares a joint tenancy. The rule does not apply to mortgages, grants in trust or grants to executors, and it has no separate rule for spouses: conveyances between spouses are allowed to the same extent as between unmarried persons, subject to the rule on when both spouses must join in conveying their homestead. A decree dissolving a marriage severs all joint tenancy interests in real estate between the spouses unless the decree says they continue as joint tenants. A joint tenant’s severance is effective only if the instrument is recorded, signed by all the joint tenants, ordered by a court or effected through a joint tenant’s bankruptcy. The section does not mention tenancy by the entirety. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Minn. Stat. § 500.19.
| What | Minnesota |
|---|---|
| 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
Minn. Stat. § 500.19
Read the statute in the Minnesota Statutes (Office of the Revisor of Statutes): revisor.mn.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 Minnesota rules
- Does a landlord have to pay interest on a security deposit in Minnesota?
- How long does a landlord have to return a security deposit in Minnesota?
- How many days does a tenant get to pay late rent in Minnesota?
- How much notice does a landlord have to give before raising the rent in Minnesota?
- How much notice must a landlord give to end a tenancy in Minnesota?
- How much can a landlord charge for a late rent fee in Minnesota?
- Can a landlord change the locks to force a tenant out in Minnesota?
- How long does a tenant have to respond to an eviction case in Minnesota?
- What are squatters’ rights in Minnesota?
- What are the steps to evict a tenant for unpaid rent in Minnesota?
- Is there rent control in Minnesota?
- Can a landlord refuse a Section 8 voucher in Minnesota?
- Can a landlord retaliate against a tenant for complaining in Minnesota?
- What happens if a tenant breaks a lease in Minnesota?
- Do you need a general contractor license in Minnesota?
- Do you need a license to do electrical work in Minnesota?
- Do you need a license to work as a plumber in Minnesota?
- Can you use a transfer-on-death deed in Minnesota?
- What is the deadline to file a mechanic’s lien in Minnesota?
- Do contractors charge sales tax in Minnesota?
- Every Minnesota rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii