How does joint tenancy with right of survivorship work in Montana?

In Montana, an interest granted to two or more people, including a husband and wife, is held in common unless it is acquired in partnership or the deed or will creating it expressly declares a joint tenancy. The statute names husband and wife, so a deed to a married couple is also held in common unless it declares a joint tenancy. A joint interest is one owned in equal shares under a single will or transfer that expressly declares it to be a joint tenancy. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Mont. Code Ann. §§ 70-1-307, 70-1-314.

WhatMontana
A deed to two or more peopleTenancy in common unless the deed says otherwise
What it meansTenancy in common unless the deed declares survivorship

Source

Mont. Code Ann. §§ 70-1-307, 70-1-314

Read the statute in the Montana Code Annotated (Montana Legislature): leg.mt.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.

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