Also known as: right of survivorship
Written by attorneys · grounded in primary & secondary sources — see below
The right of a surviving joint tenant to acquire the entire estate upon the death of another joint tenant by operation of law. Severance of the joint tenancy extinguishes this right and converts the interests into a tenancy in common.
James Johnson and his wife hold their home as tenants by the entirety. While divorce proceedings are pending, James executes a will leaving his interest in the home to a third party. James dies before the divorce is final and the tenancy remains intact. Title to the entire home passes by operation of law to his surviving spouse.
Jacob Jennings and his wife hold investment property in joint tenancy with right of survivorship. Upon Jacob's death the augmented estate calculation includes his wife's fractional interest in that property. The interest passes directly to the surviving spouse outside probate.
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Jason Jung and his former spouse own land as joint tenants with right of survivorship. After their divorce the interests are severed by statute and become equal tenancies in common. Upon one former spouse's later death the interest does not pass by survivorship to the other.
Joy Jiang opens a bank account payable on request to herself and her brother. The account is classified as a multiple-party account even though the right of survivorship is not expressly mentioned. Upon Joy's death the surviving brother takes the balance under the account terms.
Jennifer Jackson and her co-owner hold Blackacre as joint tenants. Jennifer conveys her interest to a third party without the co-owner's consent. The conveyance severs the joint tenancy and extinguishes the right of survivorship between the original owners.
Judy Jacobs and her co-owner hold property as joint tenants with right of survivorship. Judy executes a lease of the entire parcel to a tenant. The lease does not sever the joint tenancy or destroy the surviving co-owner's right to take the whole estate upon Judy's death.
The conveyance severs the joint tenancy and extinguishes the right of survivorship. The interests become a tenancy in common.
No. The tenancy remains intact until the divorce is final or another severing event occurs. Title still passes by survivorship if one spouse dies while the marriage and tenancy continue.
The statute severs the former spouses' interests and converts them into equal tenancies in common unless a governing instrument, court order, or contract expressly preserves survivorship.
No. An account is multiple-party if it is payable on request to one or more of two or more parties, whether or not a right of survivorship is mentioned.
…debtor spouse in the estate may be sold or levied upon for his or her separate debts, subject to the other spouse’s contingent right of survivorship. Pope v. McBride , 207 Ark. 940, 184 S.W.2d 259 (1945); King v. Greene , 30 N.J. 395, 153 A.2d 49 (1959); Hiles v. Fisher , 144 N.Y. 306, 39 N.E. 337 (1895); Brownley v. Lincoln…