Joint Tenancy with Right of Survivorship (JTWROS) | Practical Law

Joint Tenancy with Right of Survivorship (JTWROS) | Practical Law

Joint Tenancy with Right of Survivorship (JTWROS)

Joint Tenancy with Right of Survivorship (JTWROS)

Practical Law Glossary Item w-000-7217 (Approx. 3 pages)

Glossary

Joint Tenancy with Right of Survivorship (JTWROS)

A type of ownership of real or personal property where two or more people each holds an undivided interest. Under common law, joint tenancy with a right of survivorship requires that the ownership interests are:
  • Held by all of the joint tenants.
  • Equal between (or among) all of the joint tenants.
  • Created by the same conveyance (deed or will).
  • Held at the same time.
These four characteristics of joint tenancy, known as the four unities, are modified by statute in many states.
When a joint tenant dies or becomes incapacitated, the ownership interest passes without probate to the remaining joint tenants. In a joint tenancy, an ownership interest cannot be willed to someone who is not a joint owner. Most joint tenancies with right of survivorship are between spouses and other family members.
Under common law, all jointly owned property is presumed to have a right of survivorship. Many states, however, have enacted statutes that:
  • Abolish the right of survivorship.
  • Change the presumption of a right of survivorship.
  • Require specific language to create a joint tenancy with a right of survivorship.