Also known as: rights of survivor · survivor's right · survivorship right · right of survivorship · survivorship
Written by attorneys · grounded in primary & secondary sources — see below
A feature of joint tenancy or tenancy by the entirety by which full ownership of the property passes automatically by operation of law to the surviving co-owner upon the death of the other.
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Raymond Ramos and Renee Rogers held their home as tenants by the entirety. While divorce proceedings were pending, Raymond executed a will leaving his interest in the house to a third party. When Raymond died before the divorce was final, title passed directly to Renee by operation of law.
Raphael Rivera died owning property in joint tenancy with right of survivorship with his spouse Rhea Reynolds. The surviving spouse's fractional interest in that property was included in the value of the augmented estate for purposes of the elective share calculation.
Riley Rivera and Ronald Reed held real property as joint tenants with right of survivorship at the time their marriage was dissolved. The divorce automatically severed their interests, converting the ownership into equal tenancies in common.
Raven Logistics and Rhapsody Entertainment held investment property as joint tenants. One co-owner executed and recorded a deed conveying her interest to herself as a tenant in common, destroying the right of survivorship and leaving the property held as a tenancy in common.
Radiance Media and Redwood Bank held real estate as joint tenants. One joint tenant took steps intended to sever the tenancy before death, but the court held the right of survivorship remained intact until the death of that joint tenant, at which point full title vested in the survivor.
A married couple held their residence as tenants by the entirety. A creditor of one spouse obtained a judgment and sought to levy on the debtor spouse's interest, but the right of survivorship prevented the creditor from reaching the property during the marriage.
No. Property held in joint tenancy with right of survivorship passes directly to the surviving joint tenant by operation of law and cannot be devised by will.
Supporting sources
Under the Uniform Probate Code, divorce severs the joint tenancy with right of survivorship and converts the interests into equal tenancies in common.
Supporting sources
The surviving spouse's fractional interest in property held in joint tenancy with right of survivorship is included in the value of the augmented estate.
Supporting sources
…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…