Joint tenancy is the legal term for property owned by two or more persons jointly, with equal rights to share in its enjoyment during their lives. Its distinguishing feature is the right of survivorship. At the death of a joint tenant (owner), his or her interest automatically passes to the surviving joint tenant(s), regardless of any contrary provision in a will or any other expressed intention with regard to the property, and also without regard to intestacy statutes, if the joint tenant dies without a will.

It is fair to say that most property owned by a married couple is owned under joint tenancy with right of survivorship. However, while married couples frequently own property in joint tenancy, neither marriage nor any other family relationship is required for such an ownership arrangement to exist. Click here for an example of property ownership and transfer under joint tenancy with right of survivorship.

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