Question 1

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

Accepted Answer

In California, an interest created for several people in their own right is an interest in common unless it is acquired in a partnership, declared in its creation to be a joint tenancy, or acquired as community property. A joint tenancy must be expressly declared in the will or transfer that creates it, and an owner, cotenants or spouses may create one by transferring to themselves and others with that declaration. Spouses may also hold community property with right of survivorship when the transfer document expressly declares it, and it then passes to the surviving spouse without administration. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Cal. Civ. Code §§ 686, 683, 682.1.

Question 2

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

Accepted Answer

In Texas, a joint owner’s interest does not pass to the surviving owners at death unless the joint owners agreed in writing that it would, and that agreement cannot be inferred from the mere fact that the property is held jointly. Without a written survivorship agreement, a deceased joint owner’s interest passes by will or intestacy as if it had been severed. Spouses may agree that all or part of their community property becomes the surviving spouse’s property, by a written agreement signed by both spouses; the phrase "with right of survivorship" is enough, though no particular phrase is required. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Tex. Est. Code §§ 101.002, 111.001, 112.051, 112.052.

Question 3

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

Accepted Answer

In Florida, a conveyance to two or more people, other than an estate by the entirety, creates a tenancy in common unless the instrument expressly provides for the right of survivorship. Florida recognizes estates by the entirety. A spouse who holds title may create one by deeding to the other spouse in a deed that states that purpose, or by deeding to both spouses, and a mortgage made or assigned to a husband and wife is held by the entirety unless it shows a contrary intention. When the marriage is dissolved, tenants by the entirety become tenants in common. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Fla. Stat. §§ 689.15, 689.11, 689.115.

Question 4

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

Accepted Answer

In New York, a disposition of property to two or more people creates a tenancy in common unless it is expressly declared to be a joint tenancy. A disposition of real property to a husband and wife creates a tenancy by the entirety unless it is expressly declared to be a joint tenancy or a tenancy in common, and the same rule applies to cooperative apartment shares with their proprietary lease disposed of on or after January 1, 1996. A disposition to people who are not legally married to one another but are described in it as husband and wife or spouses creates a joint tenancy unless it is expressly declared to be a tenancy in common. The words in the deed decide which kind of ownership was created, so read the deed itself. This is N.Y. Est. Powers & Trusts Law § 6-2.2.

Question 5

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

Accepted Answer

In Illinois, a deed to two or more people creates a tenancy in common unless it expressly declares that the property passes not in tenancy in common but in joint tenancy. When both spouses (or civil-union partners) transfer homestead property and the instrument expressly declares it is made to tenants by the entirety, the estate is a tenancy by the entirety, and on the death of either the survivor keeps the entire estate. A judgment of dissolution of the marriage turns it into a tenancy in common by operation of law, and a deed of homestead held by the entirety is effective only if both tenants sign it. The words in the deed decide which kind of ownership was created, so read the deed itself. This is 765 ILCS 1005/1, 1005/1c.

Question 6

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

Accepted Answer

In Ohio, real property conveyed or devised to two or more people is held as a tenancy in common unless it is given to them for their joint lives and then to the survivor or survivors of them, which creates a survivorship tenancy. A deed or will with language showing a clear intent to create a survivorship tenancy is liberally construed to do so, but the word "or" between the grantees’ names does not by itself create one. When two spouses hold the whole title as survivorship tenants and the marriage ends by divorce, annulment or dissolution, the title becomes a tenancy in common unless the judgment says otherwise. Earlier deeds that created a tenancy by the entireties in a husband and wife remain valid; for the transfer-on-death sections, tenants by the entireties means only those vested under a deed recorded between February 9, 1972, and April 3, 1985, and those sections do not authorize creating a new tenancy by the entireties. The words in the deed decide which kind of ownership was created, so read the deed itself. This is Ohio Rev. Code §§ 5302.19, 5302.20, 5302.21, 5302.22.

Question 7

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

Accepted Answer

In Georgia, an instrument of title in favor of two or more people creates interests in common without survivorship unless it expressly calls them "joint tenants", "joint tenants and not as tenants in common" or "joint tenants with survivorship", or says they take "jointly with survivorship". Language essentially the same as one of those phrases also creates a joint tenancy, and an owner may create one by conveying to himself or herself and others. A joint tenant’s interest is severed by recording a lifetime transfer of it, unless all of the joint tenants join in the same recorded transfer. After a divorce or annulment, either spouse may turn their joint tenancy into a tenancy in common by recording an affidavit with a copy of the final order, unless the order disposed of the joint tenancy otherwise. The words in the deed decide which kind of ownership was created, so read the deed itself. This is O.C.G.A. §§ 44-6-190, 44-6-120.

Question 8

How does joint tenancy with right of survivorship work in North Carolina?

Accepted Answer

In North Carolina, a conveyance to two or more people creates a tenancy in common unless the instrument expresses an intent to create a joint tenancy with right of survivorship, or a tenancy by the entirety arises under the law governing it. Words such as "joint tenants with right of survivorship," "joint tenants," "joint tenancy" or "with right of survivorship" express that intent unless the instrument provides otherwise. North Carolina recognizes tenancy by the entirety: unless the conveyance expresses a contrary intention, real property conveyed to two named people who are married to each other at the time vests in them as tenants by the entirety, whether or not the deed calls them spouses. On the death of a spouse, entireties property belongs to the surviving spouse by survivorship. The words in the deed decide which kind of ownership was created, so read the deed itself. This is N.C. Gen. Stat. §§ 41-71, 41-56, 41-64.

State	A deed to two or more people	Source
Alabama	Survivorship only if the deed says so	Ala. Code § 35-4-7
Alaska	Tenancy in common; married couples hold by the entirety	Alaska Stat. §§ 34.15.110, 34.15.130, 34.15.140
Arizona	Tenancy in common unless the deed says joint tenancy	A.R.S. § 33-431
Arkansas	Tenancy in common unless the deed says joint tenancy	Ark. Code §§ 18-12-603, 9-12-317
California	Tenancy in common unless the deed says joint tenancy	Cal. Civ. Code §§ 686, 683, 682.1
Colorado	Tenancy in common unless the deed says joint tenancy	C.R.S. §§ 38-31-101, 38-31-201
Connecticut	Survivorship when the deed uses the statute’s words	Conn. Gen. Stat. §§ 47-14a, 47-14c, 47-14g
Delaware	No joint tenancy unless the deed expressly says so	25 Del. C. §§ 701, 309
District of Columbia	Tenancy in common unless the deed says joint tenancy	D.C. Code § 42-516
Florida	Tenancy in common unless the deed provides survivorship	Fla. Stat. §§ 689.15, 689.11, 689.115
Georgia	Tenancy in common unless the deed says joint tenants	O.C.G.A. §§ 44-6-190, 44-6-120
Hawaii	Tenancy in common unless the deed shows otherwise	Haw. Rev. Stat. §§ 509-1, 509-2
Idaho	Tenancy in common unless the deed says otherwise	Idaho Code §§ 55-508, 55-104, 15-6-401, 15-6-402
Illinois	Tenancy in common unless the deed says joint tenancy	765 ILCS 1005/1, 1005/1c
Indiana	Tenancy in common unless the deed says joint tenancy	Ind. Code §§ 32-17-2-1, 32-17-3-1, 32-17-3-4
Iowa	Joint tenancy for a married couple; otherwise in common	Iowa Code § 557.15
Kansas	Tenancy in common unless the deed makes joint tenancy clear	K.S.A. 58-501
Kentucky	Survivorship only if the deed says so	KRS 381.120; KRS 381.130; KRS 381.050
Maine	Tenancy in common unless the deed says otherwise	33 M.R.S. § 159
Maryland	No joint tenancy unless the deed expressly says so	Md. Code, Real Prop. §§ 2-117, 4-108
Massachusetts	Tenancy in common unless the deed says joint tenancy	M.G.L. c. 184, §§ 7, 8; c. 209, § 1
Michigan	Tenancy in common unless the deed says joint tenancy	MCL 554.44, 554.45, 557.101
Minnesota	Tenancy in common unless the deed says joint tenancy	Minn. Stat. § 500.19
Mississippi	Tenancy in common unless the deed shows survivorship	Miss. Code § 89-1-7
Missouri	Tenancy in common unless the deed says joint tenancy	Mo. Rev. Stat. §§ 442.450, 442.025
Montana	Tenancy in common unless the deed says otherwise	Mont. Code Ann. §§ 70-1-307, 70-1-314
Nevada	Tenancy in common unless the deed says otherwise	NRS 111.060, 111.064, 111.065
New Hampshire	Tenancy in common unless the deed says otherwise	RSA 477:18
New Jersey	Tenancy in common unless the deed says otherwise	N.J.S.A. 46:3-17, 46:3-17.2, 46:3-17.3, 46:3-17.4, 46:3-17.5
New Mexico	Tenancy in common unless the deed says otherwise	N.M. Stat. §§ 47-1-15, 47-1-16, 47-1-35, 47-1-36, 40-3-12
New York	Tenancy in common unless the deed says otherwise	N.Y. Est. Powers & Trusts Law § 6-2.2
North Carolina	Tenancy in common unless the deed says otherwise	N.C. Gen. Stat. §§ 41-71, 41-56, 41-64
North Dakota	Tenancy in common unless the deed says otherwise	N.D. Cent. Code §§ 47-02-06, 47-02-08
Ohio	Tenancy in common unless the deed says otherwise	Ohio Rev. Code §§ 5302.19, 5302.20, 5302.21, 5302.22
Oklahoma	Joint tenancy only if the deed expressly declares it	60 O.S. § 74
Oregon	Tenancy in common unless the deed says otherwise	ORS 93.180
Rhode Island	Tenancy in common unless the deed says otherwise	R.I. Gen. Laws §§ 34-3-1, 34-11-3
South Carolina	Survivorship only if the deed expressly provides it	S.C. Code §§ 62-2-804, 27-7-40
South Dakota	Interest in common unless declared a joint interest	SDCL §§ 43-2-17, 43-2-12, 43-2-13, 43-2-14
Texas	Survivorship only by written agreement	Tex. Est. Code §§ 101.002, 111.001, 112.051, 112.052
Utah	Joint tenancy presumed for grants since May 1, 2024	Utah Code § 57-1-5
Vermont	Tenancy in common unless the deed says otherwise	27 V.S.A. § 2
Virginia	Survivorship only if the deed shows it was intended	Va. Code §§ 55.1-134, 55.1-135, 55.1-136
Washington	Interest in common unless declared a joint tenancy	RCW 64.28.020, 64.28.010, 64.28.040
West Virginia	Survivorship only if the deed shows it was intended	W. Va. Code §§ 36-1-19, 36-1-20
Wisconsin	Spouses’ home has survivorship; others hold in common	Wis. Stat. §§ 700.18, 700.19, 766.01, 766.60, 766.605
Wyoming	Spouses take as tenants by the entirety by default	Wyo. Stat. § 34-1-140

How does joint tenancy with right of survivorship work?

A deed to two or more people, state by state

The answer in full, for the biggest rental markets