Also known as: joint tenancy
Written by attorneys · grounded in primary & secondary sources — see below
A form of concurrent ownership of property in which each co-owner holds an undivided interest in the whole with a right of survivorship. Upon the death of one tenant the interest is extinguished and the surviving tenants automatically take the whole by operation of law without probate. Creation of the estate requires the four unities of time title interest and possession together with clear intent to create survivorship rights.
Lance conveyed a research facility to Jessica Jacobs and her husband Jose Jimenez together with their issue entering the pharmaceutical field. The deed satisfied the statutory conditions allowing joint tenancy in fee simple conditional estates. Upon Jose's death his interest passed automatically to Jessica by survivorship rather than descending to heirs.
Jillian James and her husband Jose Jimenez held their home as joint tenants with right of survivorship. While divorce proceedings were pending Jillian executed a will leaving her interest to Jacobs Shipping. Upon Jillian's death title passed by operation of law to Jose free of the will's attempted disposition.
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Judy Jacobs died owning a vacation cabin in joint tenancy with her surviving spouse Jacqueline Juarez. The probate court included Jacqueline's fractional interest in the joint tenancy property when calculating the augmented estate for elective share purposes.
Jasmine Jordan and Jacobs Shipping jointly owned warehouse property and shared profits from its rental use. The arrangement did not establish a partnership because mere joint tenancy ownership and profit sharing from the property alone do not create that relationship.
Jefferson Trust conveyed land to Jillian James and her husband Jose Jimenez and their issue. State law recognized joint tenancy as a permitted form of concurrent ownership satisfying the statutory prerequisites for the conveyance.
Jessica Jacobs leased her interest in jointly held commercial property to a startup for five years. When Jessica died before the lease term ended the surviving joint tenant Jacqueline Juarez took the property free of the lease because the lease did not sever the joint tenancy.
A will cannot dispose of property held in joint tenancy with right of survivorship. Title passes by operation of law to the surviving joint tenant upon the death of the other tenant.
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Joint tenancy does not by itself establish a partnership even when the co-owners share profits derived from the property.
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Under the modern approach a lease by one joint tenant does not necessarily sever the joint tenancy. The lessee acquires only the rights of occupancy held by the leasing tenant and the lease is extinguished if the leasing tenant dies before the term ends.
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The surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship is included in the augmented estate for elective share calculations.
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Joint tenancy in such estates is permitted only when the conveyance is made in favor of two persons who are or might become husband and wife and the issue or a designated class of the issue of those two persons.
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…view of the lower courts of this jurisdiction. Hawaii has long recognized and continues to recognize the tenancy in common, the joint tenancy, and the tenancy by the entirety, as separate and distinct estates. See Paahana v. Bila , 3 Haw. 725 (1876). That the Married Women’s Property Act of 1888 was not intended to abolish the…