Also known as: joint tenant · joint tenancy
Written by attorneys · grounded in primary & secondary sources — see below
Concurrent ownership of property by two or more persons under which each holds an undivided interest in the whole and the right of survivorship applies. Upon the death of one owner the surviving owners take the deceased owner's share by operation of law without probate. The form requires the four unities of time title interest and possession and is created only by express language or other clear manifestation of intent.
Jeanette Jensen conveyed Blackacre to her two adult children Jessica Jacobs and James Johnson and their issue who enter the family business. The deed used language satisfying the conditions for joint tenancy in the jurisdiction. Jessica and James therefore hold as joint tenants with right of survivorship rather than as tenants in common.
Judy Jacobs and Jerome Jackson held their residence as joint tenants with right of survivorship while divorce proceedings were pending. Judy executed a will devising her interest to a third party. Upon Judy's death title passed automatically to Jerome by survivorship and the will had no effect on the property.
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Javier Jimenez died survived by his spouse Jeanette Jensen. The couple had owned their home as joint tenants with right of survivorship. Jeanette's fractional interest in the home is included in the augmented estate for purposes of calculating her elective share against Javier's estate.
Jessica Jacobs and James Johnson purchased equipment together and used it in separate businesses. They shared the profits generated by the equipment but maintained no common business enterprise. The joint ownership alone did not establish a partnership between them.
Judy Jacobs and Jerome Jackson held farmland as joint tenants. Physical division would create parcels too small to satisfy zoning requirements for agricultural use. The court therefore ordered partition by sale and division of the proceeds rather than partition in kind.
Jeanette Jensen predeceased her spouse Javier Jimenez while they held investment property as joint tenants. The value of Javier's fractional interest for augmented-estate purposes is determined immediately before Jeanette's death rather than at the moment of her death.
A will has no effect on property held in joint tenancy with right of survivorship. Title passes automatically to the surviving joint tenant or tenants by operation of law.
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A court may order partition by sale when physical division would produce parcels that violate zoning rules or are otherwise unusable. The preference for partition in kind yields when a fair division cannot be achieved.
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Joint tenancy or tenancy in common does not establish a partnership even when the co-owners share profits derived from the property. Additional facts showing an association to carry on a business for profit are required.
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The value is determined immediately before the decedent's death when the decedent was a joint tenant. The valuation accounts for the fact that the decedent predeceased the spouse.
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Absent severance the lease terminates with the leasing tenant's death. The surviving joint tenants take the property free of the lease.
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…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…