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

In Virginia, a joint tenant’s share passes at death as if it were held in common unless the instrument transferring the property manifestly shows that the share of the one dying was meant to belong to the others. Titling property to people "jointly" or as "joint tenants" creates a joint tenancy without survivorship; adding "with survivorship" or equivalent words raises a presumption that they own it as joint tenants with the right of survivorship. Property conveyed to spouses is held in equal halves, as if each spouse had been given a separate share, unless the deed designates a joint tenancy or a tenancy by the entirety. Spouses may own property as tenants by the entirety for as long as they are married, naming them "tenants by the entirety" shows that the survivor is to take the whole, and an entirety interest in real property can be severed by written instrument only by a deed both spouses sign. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Va. Code §§ 55.1-134, 55.1-135, 55.1-136.

WhatVirginia
A deed to two or more peopleSurvivorship only if the deed shows it was intended
What it meansSurvivorship only where a written agreement says so

Source

Va. Code §§ 55.1-134, 55.1-135, 55.1-136

Read the statute in the Code of Virginia (Virginia General Assembly): law.lis.virginia.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.

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