Legal and land terms · card J

Joint tenancy

Joint tenancy is co-ownership in which, when one owner dies, his share goes to the surviving owners instead of to his heirs.

Joint tenants each own an undivided interest in the whole property, with a right of survivorship. When one dies, the others simply absorb his share, and nothing passes through his estate.

That is the key difference from a tenancy in common, where a dead owner's share goes to his heirs or under his will. If a deed did not clearly create a joint tenancy, courts usually treated co-owners as tenants in common. Many states also recognized a similar form for married couples, tenancy by the entirety.

As seen in a recordDeed, 1800s
unto Jno. Hart and Wm. Hart as joint tenants and not as tenants in common
How to cite this page

Daily Ancestor. "Joint tenancy." Dictionary of Old Record Words. https://dailyancestor.com/dictionary/legal-land/joint-tenancy. Last checked 2026-10-10.

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