Also known as: joint tenant with right of survivorship · joint tenants with right of survivorship · JTWROS · joint tenancy with right of survivorship
Written by attorneys — see sources below.
A form of concurrent ownership of property by two or more persons in which each holds an undivided interest. Upon the death of one owner the interest passes automatically by operation of law to the surviving owner or owners rather than through probate.
Justin Jarvis and Julia Jensen, a married couple, held their home as joint tenants with right of survivorship. Justin executed a will leaving his share of the home to a friend. Justin died while still married to Julia and before any divorce decree severed the tenancy. Title to the entire home passed directly to Julia by operation of law.
Javier Jimenez and Jada Jones owned shares in a family business as joint tenants with right of survivorship. Both died in the same accident. No clear and convincing evidence established that either survived the other by 120 hours. Each estate therefore received an undivided half interest in the shares.
Mildred R. Smith commenced this equity action in her own behalf and as next friend of her husband Ralph Smith, a minor, against Lynn R. Wade and Naomi Wade. The plaintiffs sought to have declared null and void a real estate mortgage dated July 9, 1956, for $3,256.23 on described property in Keith County, Nebraska, together with any promissory notes or indebtedness secured by it. The plaintiffs alleged that Ralph Smith was under the age of 21 years when the mortgage was signed, that the mortgaged real estate was their homestead, that the mortgage was procured by threats and duress, and that it was without valid consideration. They further claimed that the mortgage was repudiated by Ralph Smith. The defendants answered by admitting execution of the mortgage and pleading that seven notes were executed along with it for the total amount. They alleged that $794.62 represented necessaries of life furnished by Lynn R. Wade to the plaintiffs, that part of the amount was procured by fraud of Ralph Smith, and that the real estate was owned solely by Mildred R. Smith. The defendants also filed a cross-petition for declaratory judgment on the validity of the instruments. After trial the district court rendered a decree finding Ralph Smith to be a minor and that part of the amount was for necessaries of life. The court upheld the notes and real estate mortgage as valid and enforceable according to their terms against the plaintiffs. The plaintiffs' motion for new trial was overruled, and they appealed to the Supreme Court of Nebraska. The account underlying the notes consisted of charges for merchandise sold in the retail motor fuels business, amounts from the cash register, shortages in station merchandise, checks which did not clear, and the sale price of an automobile for $750 that had been returned to the defendants. None of the items was identified as necessaries for the plaintiffs. The record contained evidence both supporting and contradicting the claim that the notes and mortgage were procured by duress, and the mortgaged property was the homestead of the plaintiffs.
View caseThe deceased owner's interest passes automatically to the surviving owner or owners by operation of law. The property does not enter probate.
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No. A will cannot dispose of property held in joint tenancy with right of survivorship. Title passes directly to the survivor regardless of any testamentary provision.
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Under the 120-hour survival rule, if neither co-owner can be shown by clear and convincing evidence to have survived the other by 120 hours, each is deemed to have predeceased the other. The property is divided equally between the two estates.
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Yes. A person who feloniously and intentionally kills a co-owner forfeits the survivorship interest. The interest is treated as severed and passes through the victim's estate as if the killer had disclaimed.
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Divorce severs the right of survivorship by operation of law. Each former spouse holds an undivided half interest as a tenant in common unless a court order or agreement provides otherwise.
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…a trust of real estate or leasehold estate in real estate subject to an encumbrance, is specifically bequeathed or passes by joint tenancy with right of survivorship or by the terms of a trust agreement or other nontestamentary instrument, the legatee, surviving tenant or beneficiary to whom the real estate, leasehold estate or beneficial interest is…