Also known as: joint tenants with right of survivorship · joint tenancy with right of survivorship · JTWROS · joint tenancy
Written by attorneys · grounded in primary & secondary sources — see below
A form of concurrent ownership in which each owner holds an undivided interest in the whole property. Upon the death of one owner the surviving owner or owners automatically succeed to the deceased owner's share by operation of law.
Mackenzie conveyed a research laboratory to Jackson and Spencer as husband and wife together with a designated class of their issue entering the pharmaceutical field. The deed satisfied the jurisdictional requirements allowing joint tenancy in that setting. Jackson later leased her interest to a startup. After Jackson's death Spencer took the entire facility free of the lease because the survivorship feature operated by operation of law.
Alexander and Barbara held their condominium as joint tenants with right of survivorship. After divorce proceedings began Alexander executed a will attempting to devise his share to a third party. When Alexander died while still married the entire property passed automatically to Barbara by survivorship and the will had no effect on the nonprobate asset.
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Jackson and Alexis owned their residence as joint tenants with right of survivorship. Upon Jackson's death, for purposes of calculating the augmented estate available to Alexis for an elective share, the value included Alexis's fractional interest. The fraction was calculated with a numerator of one and a denominator equal to one plus the number of surviving joint tenants.
Anna and Seth jointly purchased specialized training equipment for a summer sports camp and shared net proceeds from registration fees. They used the equipment at multiple rented fields. The joint ownership of the equipment alone did not establish a partnership between them even though they divided profits from its use.
Lance conveyed a building to Carla and Anita as husband and wife along with their children share and share alike. The conveyance satisfied the jurisdictional rule permitting joint tenancy when made in favor of two persons who are or might become husband and wife and their issue. Upon Anita's death Carla claimed the entire property by survivorship.
Jackson leased her undivided interest in the laboratory to a pharmaceutical startup for five years. Jackson died before the lease term ended. The startup's rights ended with Jackson's death because the lease did not sever the joint tenancy and the surviving tenant took the property free of the encumbrance.
A will cannot dispose of property held in joint tenancy with right of survivorship because the asset passes by operation of law to the surviving joint tenant. Even when divorce proceedings are pending and a will attempts to devise the property to a third party the survivorship right prevails absent wrongful conduct.
Supporting sources
Under the modern approach a lease by one joint tenant does not necessarily sever the joint tenancy. The tenant acquires only the rights of occupancy held by the leasing joint tenant. If the leasing joint tenant dies before the lease expires the lease is extinguished and the surviving joint tenants take the property free of the encumbrance.
Supporting sources
The value of the augmented estate includes the surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship. The fraction is calculated with a numerator of one and a denominator equal to one plus the number of surviving joint tenants.
Supporting sources
…view of the lower courts of this jurisdiction. Hawaii has long recognized and continues to recognize the tenancy in common, the joint tenancy, and the tenancy by the entirety, as separate and distinct estates. See Paahana v. Bila , 3 Haw. 725 (1876). That the Married Women’s Property Act of 1888 was not intended to abolish the…