Joint tenancy
A co-ownership form with right of survivorship: when one owner dies, their share passes automatically to the other owners, outside probate. Common between spouses.
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Free to set up. No credit card.Part 1 of 4
Why a seller cares
Joint tenancy means co-owners with survivorship: when one dies, the others own the whole home without probate. Selling takes every living joint tenant's signature, and a death certificate clears a deceased one from title.
Part 2 of 4
A simple example
You and your late spouse held the home as joint tenants. Recording an affidavit with the death certificate puts title in your name alone, and you sell.
| The situation | What the sale takes |
|---|---|
| Both joint tenants living | Both signatures |
| One has died | The survivor's signature and the death certificate on record |
| Held as tenants in common instead | The deceased's share goes through their estate |
Joint tenancy passes the home to the survivor automatically. The paperwork is one affidavit.
Part 3 of 4
What people get wrong
That a will controls a joint tenant's share. Survivorship overrides it; the share passes to the other owners outside the will.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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