How does joint tenancy with right of survivorship work in New Jersey?

In New Jersey, an estate is a joint tenancy only if the grant or devise creating it expressly states that the parties intend a joint tenancy and not a tenancy in common. A tenancy by the entirety is created when a husband and wife take title together under a written instrument naming them as husband and wife, and an instrument creating a property interest for a husband and wife is not a tenancy in common or a joint tenancy unless it says so or that intent manifestly appears from its tenor. Neither spouse may sever, alienate or otherwise affect their interest in a tenancy by the entirety during the marriage or upon separation without the written consent of both spouses. On the death of either spouse, the survivor is deemed to have owned the whole from the start. The words in the deed decide which kind of ownership was created, so read the deed itself. This is N.J.S.A. 46:3-17, 46:3-17.2, 46:3-17.3, 46:3-17.4, 46:3-17.5.

WhatNew Jersey
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

N.J.S.A. 46:3-17, 46:3-17.2, 46:3-17.3, 46:3-17.4, 46:3-17.5

Read the statute in the New Jersey Statutes (New Jersey Legislature): njleg.state.nj.us.

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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