Also known as: joint tenant with right of survivorship · joint tenancy with right of survivorship · JTWROS · joint tenancy with survivorship
Written by attorneys · grounded in primary & secondary sources — see below
A concurrent estate in which two or more persons hold undivided interests in property with the distinctive feature that the interest of a deceased co-owner passes automatically to the surviving co-owner or co-owners by operation of law.
Jonathan Jaffe and Jessica Jacobs hold their home as joint tenants with the right of survivorship. While divorce proceedings are pending but no decree has entered, Jonathan executes a will leaving his interest in the home to his sister Jennifer Jackson. Jonathan dies before the marriage ends. Title passes automatically to Jessica as the surviving joint tenant.
June Jiang and Jerome Jackson own investment property as joint tenants with the right of survivorship. After their divorce becomes final, the statute severs the joint tenancy. June dies intestate. Her estate takes her one-half interest as a tenant in common rather than the entire property passing to Jerome by survivorship.
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Jada Jones and her husband hold their condominium as joint tenants with the right of survivorship. Jada files for divorce and executes a will devising her interest to her adult daughter. Before any decree or severance occurs, Jada dies. The daughter receives nothing because full title vests in the surviving spouse by operation of law.
No. Property held in joint tenancy with right of survivorship passes automatically to the surviving joint tenant by operation of law and never enters the decedent's probate estate. A will therefore has no effect on such property.
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Under the Uniform Probate Code, divorce severs the joint tenancy with right of survivorship between former spouses and converts their interests into equal tenancies in common unless a court order or governing instrument expressly preserves survivorship.
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No. Filing for divorce or even obtaining an approved property settlement does not sever a joint tenancy with right of survivorship. Only a final decree, conveyance, or other legally effective act changes the form of title.
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…contrary intent shown to overcome the rule of construction that the class gift of income to grandchildren is given to them as joint tenants with the right of survivorship. We deal briefly with one other point. No language in the will gives discretion to the trustee to distribute principal during the term of the class gift of income. The fact that the…