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.