Also known as:jointly own · jointly owned · joint owner · joint owners · co-ownership
Written by attorneys · grounded in primary & secondary sources — see below
Undivided ownership shared by two or more persons. The interest of each owner passes to the surviving owners by right of survivorship upon death.
Sources & Authorities
How it applies
Common Examples
6
Unilateral Mortgage Attempt
Jordan Jenkins and Jamal Jefferson own their home as joint owners. Jordan executes a mortgage on the property without Jamal's consent under a state statute designating the husband as head of household. Jamal challenges the mortgage in court. The court invalidates the statute and refuses to enforce the mortgage against Jamal's interest.
Surviving Spouse Interest
Jessica Jacobs dies owning accounts registered in co-ownership with right of survivorship alongside her spouse James Johnson. James claims his ownership interest in the accounts passes outside probate. The probate court recognizes James's surviving ownership share under the applicable code provision.
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Cases
Uniform Acts
Common Law
Restatements
Dictionaries
Jasmine Jordan and Julia Jensen live together and agree to place a house in joint ownership after one builds an addition. They later separate. The court enforces their agreement to recognize joint ownership interests despite the nonmarital relationship.
Marvin v. Marvin557 P.2d 106 (Cal. 1976)
Severance of Joint Tenancy
Jordan Jenkins and Jamal Jefferson hold land as joint owners with right of survivorship. Jordan executes a deed conveying his interest to himself as tenant in common. The court recognizes the severance and converts the ownership to tenancy in common.
Riddle v. Harmon162 Cal. Rptr. 530
Condominium Co-Owner Dispute
Jessica Jacobs and Jasmine Jordan own units in a condominium as joint owners subject to association rules. Jacobs installs a pet violating the covenants. The association enforces the rule against the joint ownership interest.
Nahrstedt v. Lakeside Village Condominium Association, Inc.878 P.2d 1275, 1287 (Cal. 1994)
Corporate Share Buyout
James Johnson and Julia Jensen own equal shares in a close corporation as joint owners. Johnson seeks to sell his shares to a third party. The court imposes fiduciary duties requiring fair treatment of Jensen's joint ownership interest in any redemption.
Donahue v. Rodd Electrotype of New England, Inc.328 N.E.2d 505, 512 (Mass. 1975)
Common questions
Frequently Asked
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Does one joint owner need consent from all others to create a servitude burdening the entire property?+
No. When land is held in joint ownership, a servitude burdening the whole estate requires consent of all owners. Fewer than all owners can bind only their own undivided interests.
How does acquisition of an ownership interest affect an existing easement appurtenant to joint property?+
Unity of ownership extinguishes the easement only to the extent the co-owner can now exercise the same use by virtue of ownership alone.
Can a statute authorize one spouse to dispose of jointly owned marital property without the other's consent?+
No. Such a statute creates an impermissible gender-based classification that fails intermediate scrutiny under the Equal Protection Clause.
What interest does a surviving spouse hold in property registered in co-ownership with right of survivorship?+
The surviving spouse holds the ownership interest in the property or accounts that passes outside probate by virtue of the right of survivorship.
557 P.2d 106 (Cal. 1976)Property
…him to return to her, and suggested that he build them a house on a lot she owned. She agreed in return to place the property in joint ownership. The man built the house, and the parties lived there for several more years. When they separated, he sued to establish his interest in the property. Reversing a nonsuit, the Court of…