How does joint tenancy with right of survivorship work in Mississippi?
In Mississippi, a deed to two or more people, including a husband and wife, creates a tenancy in common unless it manifestly appears from the deed that it was meant to create a joint tenancy or tenancy by the entirety with the right of survivorship. Mississippi recognizes tenancy by the entirety with right of survivorship, but a deed to a husband and wife is a tenancy in common unless the deed shows that intent. An owner can create a joint tenancy or tenancy by the entirety with right of survivorship by deeding to themself and others. Either spouse can end a joint tenancy or tenancy by the entirety between spouses by a deed to the other spouse, without the grantee spouse joining and whether or not the property is part of their homestead. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Miss. Code § 89-1-7.
| What | Mississippi |
|---|---|
| A deed to two or more people | Tenancy in common unless the deed shows survivorship |
| What it means | Tenancy in common unless the deed declares survivorship |
Source
Miss. Code § 89-1-7
Read the statute in the Mississippi Code (Mississippi Legislature): legislature.ms.gov.
The linked sections open Justia’s free copy of the code, because the state’s own site has no stable address for each section.
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