How does joint tenancy with right of survivorship work in North Dakota?
In North Dakota, an interest created in favor of two or more people in their own right is held in common unless they acquire it in partnership for partnership purposes or it is declared a joint tenancy when it is created. A joint interest is one owned by several people in equal shares under a single will or transfer that expressly declares it to be a joint tenancy, or one granted or devised to executors or trustees as joint tenants. The ownership chapter sets no separate rule for married couples and 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 N.D. Cent. Code §§ 47-02-06, 47-02-08.
| What | North Dakota |
|---|---|
| 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
N.D. Cent. Code §§ 47-02-06, 47-02-08
Read the statute in the North Dakota Century Code (North Dakota Legislative Branch): ndlegis.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
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The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii