Also known as: joint tenancies · joint tenant · joint tenants
Written by attorneys · grounded in primary & secondary sources — see below
A form of concurrent ownership of property in which each owner holds an undivided interest in the whole with a right of survivorship. Upon the death of one owner the interest is extinguished and the surviving owners take the whole by operation of law.
Judy Jacobs conveys Greenacre to Jordan Jenkins and John Jones as husband and wife together with their children who enter the family business. State law permits joint tenancy under the applicable statute. Jordan and John therefore hold the property as joint tenants with right of survivorship.
Jada Jones and Jessica Jacobs own their home as joint tenants with right of survivorship. While divorce proceedings are pending Jada executes a will leaving her interest to her sister. Jada dies before the divorce is final. Title passes automatically to Jessica by survivorship and the will has no effect on the house.
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Javier Jimenez dies survived by his spouse. At death Javier and his spouse held their vacation cabin in joint tenancy. The surviving spouse's fractional interest in the cabin is included in the augmented estate for elective-share purposes and is valued immediately before Javier's death.
Jefferson Trust and Jacobs Shipping each own an undivided half interest in a warehouse as joint tenants. They lease the building to a third party and divide the rental income. The joint tenancy alone does not establish a partnership between the two companies.
Jensen Farms and Juarez Holdings own adjacent farmland as joint tenants. Zoning rules prevent division into two buildable parcels. In the partition action the court orders a judicial sale and division of proceeds because physical division would leave unusable lots.
John Jones dies before his spouse. The couple held their residence in joint tenancy. For augmented-estate calculations the value of the surviving spouse's fractional interest is determined immediately before John's death rather than at the moment of death.
No. A will cannot dispose of property held in joint tenancy with right of survivorship. Title passes automatically to the surviving joint tenant by operation of law.
The surviving spouse's fractional interest in property held in joint tenancy is included in the augmented estate and is valued immediately before the decedent's death.
No. Joint tenancy or other co-ownership does not by itself establish a partnership even when the co-owners share profits from the property.
A court may order partition by sale when physical division is not fair and equitable, such as when zoning rules render separate parcels unusable or unbuildable.
…choose to pool only part of their earnings and property, to form a partnership or joint venture, or to hold property acquired as joint tenants or tenants in common, or agree to any other such arrangement. (See generally Weitzman, Legal Regulation of Marriage: Tradition and Change (1974) 62 Cal.L.Rev. 1169.) [^maj-11]: We note…