Also known as: right of survivorship · survivorship rights · survivorship · JTWROS
Written by attorneys · grounded in primary & secondary sources — see below
A feature of joint tenancy, tenancy by the entirety, or similar concurrent ownership by which the interest of a deceased co-owner passes automatically to the surviving co-owner or co-owners by operation of law rather than through probate. The right prevents a will or other testamentary instrument from directing disposition of the property. Divorce or other specified events may sever the right and convert the ownership into a tenancy in common.
Raymond Ramos and his wife 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. Raymond died before the divorce was final and before any severance of the tenancy. Title to the entire house passed by operation of law to his surviving spouse.
Roland Rhodes died owning a vacation cabin in joint tenancy with right of survivorship with his surviving spouse. The cabin's value was included in the augmented estate for elective share purposes through the surviving spouse's fractional interest. The surviving spouse therefore received credit for that interest when calculating the augmented estate.
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Rowan Russell and his spouse held investment property as joint tenants with right of survivorship. Upon their divorce, the survivorship feature was severed by operation of law and the interests converted into equal tenancies in common. When Rowan later died, his one-half interest passed through his estate rather than to his former spouse.
Roberto Reyes held land in joint tenancy with his spouse. Roberto executed a deed conveying his interest to himself alone to sever the joint tenancy. The severance was effective, and upon Roberto's death the property did not pass automatically to the surviving spouse by right of survivorship.
Rhea Reynolds and her husband held real property as tenants by the entirety. A judgment creditor of the husband sought to execute on the husband's right of survivorship. The court permitted the levy because the spouse's interest in the survivorship feature was reachable by creditors.
Rajesh Rao and his wife held their residence in joint tenancy with right of survivorship. The wife executed a grant deed conveying her interest to herself as a tenant in common. The deed terminated the joint tenancy, allowing the wife to dispose of her one-half interest by will rather than having it pass automatically to her surviving husband.
A pending divorce does not automatically sever the tenancy by the entirety or joint tenancy. If the testator dies while still married and the tenancy remains intact, title passes by operation of law to the surviving spouse.
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Under UPC section 2-804(b)(2), divorce severs the interests of former spouses in property held as joint tenants with right of survivorship and converts those interests into equal tenancies in common.
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If it cannot be established by clear and convincing evidence that one co-owner survived the other by 120 hours, one-half of the property passes as if each had survived the other by 120 hours.
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A will cannot dispose of nonprobate property held in joint tenancy with right of survivorship or as tenants by the entirety. Title passes by operation of law to the survivor regardless of any contrary testamentary provision.
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…Such are the dictates of common equality. Thus the judgment creditors of either spouse may levy and execute on their separate rights of survivorship. One may speculate whether the courts which first chose the path to equality now followed by the majority might have felt an unexpressed aversion to entrusting a wife with as much control…