What Is Joint Tenancy?
Joint tenancy is a form of property co-ownership where two or more people hold equal shares with the right of survivorship. When one joint tenant dies, their interest passes automatically to the surviving joint tenant(s) by operation of law, without the need for probate.
Joint tenancy requires four "unities":
- Unity of time — All joint tenants acquire their interests at the same time.
- Unity of title — All joint tenants acquire their interests through the same deed.
- Unity of interest — All joint tenants hold equal shares.
- Unity of possession — All joint tenants have equal rights to possess the entire property.
Florida Legal Context
Florida does not favor joint tenancy. Under Section 689.15, Florida Statutes, a conveyance to two or more persons creates a tenancy in common (without survivorship rights) unless the deed expressly states that the grantees take as "joint tenants with right of survivorship" or uses equivalent language clearly indicating survivorship.
This is a critical distinction. A deed that simply says "to John Smith and Jane Smith" creates a tenancy in common in Florida, not a joint tenancy. The survivorship language must be explicit.
Joint Tenancy vs. Tenancy in Common
- Joint tenancy — Equal shares, right of survivorship, automatic transfer at death. Cannot be devised by will.
- Tenancy in common — Shares can be unequal, no right of survivorship. Each owner's share passes through their estate at death.
Severing a Joint Tenancy
A joint tenant can unilaterally sever the joint tenancy by conveying their interest to a third party (or even to themselves). The conveyance destroys the four unities and converts the ownership to a tenancy in common. The remaining owners lose the right of survivorship as to the severed interest.
Related Terms
- Tenancy in Common — Co-ownership without survivorship
- Right of Survivorship — The key feature of joint tenancy
- Life Estate — Another form of divided ownership
- Deed — Must contain explicit survivorship language in Florida
Barnes Walker Title Vesting
Barnes Walker's attorneys advise buyers on the appropriate form of title vesting, ensuring the deed contains proper survivorship language when joint tenancy is intended. Submit a title inquiry for guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC