🏠 What Is Joint Tenancy in Real Estate?

Joint Tenancy is a form of co-ownership in real estate where two or more people own a property together with equal rights and the right of survivorship. When one joint tenant dies, their ownership share automatically transfers to the remaining owners, bypassing probate.

How Joint Tenancy Works

Joint tenancy requires the “four unities”: time, title, interest, and possession. This means each owner receives the property at the same time, through the same deed, with equal shares, and with equal rights to use the property.

Key features of joint tenancy include:

  • Equal ownership — each owner has the same share.
  • Right of survivorship — ownership passes automatically to surviving owners.
  • No probate — simplifies estate transfer after death.
  • Shared control — major decisions require agreement among all joint tenants.

Why Joint Tenancy Matters

Benefits:

  • Avoids probate through automatic survivorship.
  • Ensures equal ownership rights among co-owners.
  • Useful for spouses, family members, and partners.
  • Simple transfer of ownership upon death.

Drawbacks:

  • All tenants must agree to sell or refinance.
  • Credit issues or legal judgments against one owner affect all owners.
  • Survivorship overrides wills — which may conflict with estate plans.
  • Cannot pass one’s share to heirs.

Example of Joint Tenancy

Here’s what joint tenancy looks like in practice:

  • Two siblings purchase a home and take title as “Joint Tenants with Right of Survivorship.”
  • If one sibling passes away, the surviving sibling automatically becomes the full owner.
  • The deceased owner’s share does not go through probate or pass to heirs.

Why Joint Tenancy Matters for FSBO Sellers

FSBO sellers must know how the title is held before listing. Joint tenancy affects who must sign the listing agreement, sales contract, and deed at closing.

  • All joint tenants must sign the listing paperwork.
  • All joint tenants must consent to offers and the final sale price.
  • Survivorship rules determine ownership after a death.
  • Disagreements among co-owners can delay or stop a sale.

Learn more about ownership types in our full guide to Property Ownership Types.

🔗 Related Resources for Buyers & Sellers

Frequently Asked Questions

Is joint tenancy the same as tenancy in common?
No. Joint tenancy includes the right of survivorship and equal ownership. Tenancy in common does not.

Can one joint tenant sell their share?
Yes, but selling a share usually breaks the joint tenancy and converts it to tenancy in common.

Can joint tenancy be changed?
Yes, co-owners can choose to change ownership type with a new deed.

Does joint tenancy avoid probate?
Yes. The right of survivorship allows ownership to transfer automatically outside of probate.