How does joint tenancy with right of survivorship work in West Virginia?
In West Virginia, when a joint tenant or tenant by the entireties dies, the share passes as if held in common unless the instrument manifestly shows that the share of the one dying was meant to belong to the others. The rule covers tenants by the entireties as well as joint tenants, so a married couple’s survivorship also depends on the deed showing it was intended. When a deed links the owners with the word "or", they hold as joint tenants with the right of survivorship unless it expressly says otherwise. A co-owner convicted of certain listed criminal offenses against the other co-owner cannot take the victim’s share by survivorship. The words in the deed decide which kind of ownership was created, so read the deed itself. This is W. Va. Code §§ 36-1-19, 36-1-20.
| What | West Virginia |
|---|---|
| A deed to two or more people | Survivorship only if the deed shows it was intended |
| What it means | Survivorship only where a written agreement says so |
Source
W. Va. Code §§ 36-1-19, 36-1-20
Read the statute in the West Virginia Code (West Virginia Legislature): code.wvlegislature.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 West Virginia rules
- How long does a landlord have to return a security deposit in West Virginia?
- How much notice must a landlord give to end a tenancy in West Virginia?
- What are squatters’ rights in West Virginia?
- What happens if a tenant breaks a lease in West Virginia?
- Do HVAC contractors need a license in West Virginia?
- Do you need a general contractor license in West Virginia?
- Do you need a license to do electrical work in West Virginia?
- Do you need a license to work as a plumber in West Virginia?
- Can you use a transfer-on-death deed in West Virginia?
- What is the deadline to file a mechanic’s lien in West Virginia?
- Do contractors charge sales tax in West Virginia?
- Is appliance repair taxable in West Virginia?
- Is contractor labor taxable in West Virginia?
- Every West Virginia rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii