Also known as: JTWROS · joint tenancies with right of survivorship · joint tenancy · survivorship joint tenancy
Written by attorneys · grounded in primary & secondary sources — see below
A form of concurrent ownership in which each tenant holds an undivided interest in the whole property. Upon the death of one tenant the interest passes automatically to the surviving tenant or tenants by operation of law without probate.
Select any source to read its text and confirm it supports the definition.
Lance conveyed a building to Carla and Anita, husband and wife, and their children share and share alike. The deed satisfied the statutory conditions allowing joint tenancy in a fee simple conditional estate. When Anita died the entire interest passed to Carla by survivorship rather than descending to heirs.
Jorge and Joy held their house as joint tenants with right of survivorship. While divorce proceedings were pending Jorge executed a will leaving his share to Jessica. Jorge died before the divorce was final. Title passed automatically to Joy by survivorship and the will had no effect on the house.
June held a one-half interest in a vacation cottage as joint tenant with right of survivorship with her spouse. Upon June's death the value of her fractional interest was included in the augmented estate for the surviving spouse's elective share calculation under the uniform code.
Jha Pharmaceuticals and Jimenez Motors each owned an undivided interest in a warehouse as joint tenants with right of survivorship. They shared rental income from the property. The joint tenancy alone did not create a partnership between the two companies.
Mackenzie conveyed a laboratory to Jackson and Spencer, husband and wife, and a designated class of their issue. State law permitted joint tenancy in fee simple conditional estates only when the conveyance ran to spouses and their issue. The deed satisfied the statutory conditions and created a valid joint tenancy.
Jason and Jacqueline held an office building as joint tenants with right of survivorship. Jason leased his interest to Jordan Dynamics for five years. Jason died before the lease expired. The lease terminated automatically and the startup had no rights against Jacqueline who took the entire property free of the encumbrance.
A will has no effect on property held in joint tenancy with right of survivorship. The interest passes automatically to the surviving joint tenant by operation of law. Even a pending divorce and a will attempting to devise the property cannot override the survivorship feature absent wrongful conduct.
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The lease does not sever the joint tenancy. The lessee acquires only the rights the leasing tenant possessed. Upon the leasing tenant's death the lease expires and the surviving joint tenant takes the property free of the lease.
…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…
…J., Clark, J., and Richardson, J. (concurring) Opinion of Justice Mosk A joint tenant leases his interest in the
…J., concurring) Opinion of Poché, J. We must decide whether Frances Riddle, now deceased, unilaterally terminated a joint tenancy
…payment of other liens. It is appellant’s contention that execution of the mortgage by Calvert did not operate to terminate the joint tenancy
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The surviving spouse's fractional interest in property held in joint tenancy with right of survivorship is included in the augmented estate under the uniform probate code. The inclusion applies to the value of that fractional interest at the decedent's death.
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Joint tenancy does not by itself establish a partnership even when the co-owners share profits from the property. Additional facts showing an association to carry on a business for profit are required before partnership status arises.
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Joint tenancy is permitted in such estates only when the conveyance runs in favor of two persons who are or might become husband and wife together with the issue or a designated class of their issue. Both the form of ownership and the grantee class must satisfy the statutory conditions.
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