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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Where this comes up in a sale, and what follows
- Review offers and negotiate (comes before)
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
In your Room, this word explains itself where it appears.
Your Room defines joint tenancy in the step you meet it in, beside the document or the date it belongs to. Free to set up, with an agent or on your own.
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