How does joint tenancy with right of survivorship work in Utah?
In Utah, an ownership interest granted on or after May 1, 2024 to two or more people in their own right is presumed to be a joint tenancy with rights of survivorship unless severed, converted or expressly declared in the grant to be otherwise. For grants from May 5, 1997 through April 30, 2024, the joint tenancy presumption applied only to two people designated in the granting documents as husband and wife, or from May 4, 2022 as spouses. Joint tenancy cannot be established between a person and an entity or organization such as a corporation, a trustee of a trust or a partnership, and an interest that does not qualify for the presumption is presumed to be a tenancy in common unless the grant expressly says otherwise. Words such as "tenancy in common", "with no rights of survivorship" or "undivided interest" declare a tenancy in common. Tenants by the entirety, and tenants holding title as community property, are considered to be joint tenants. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Utah Code § 57-1-5.
| What | Utah |
|---|---|
| A deed to two or more people | Joint tenancy presumed for grants since May 1, 2024 |
| What it means | The statute presumes survivorship for some owners |
Source
Utah Code § 57-1-5
Read the statute in the Utah Code (Utah Legislature): le.utah.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 Utah rules
- How long does a landlord have to return a security deposit in Utah?
- How many days does a tenant get to pay late rent in Utah?
- How much notice must a landlord give to end a tenancy in Utah?
- What are squatters’ rights in Utah?
- Is there rent control in Utah?
- Can a landlord refuse a Section 8 voucher in Utah?
- What happens if a tenant breaks a lease in Utah?
- Do HVAC contractors need a license in Utah?
- Do you need a general contractor license in Utah?
- Do you need a license to do electrical work in Utah?
- Do you need a license to work as a plumber in Utah?
- Can you use a transfer-on-death deed in Utah?
- What is the deadline to file a mechanic’s lien in Utah?
- Do contractors charge sales tax in Utah?
- Is appliance repair taxable in Utah?
- Every Utah rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii