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Real estate glossaryGeorgia-specific rule

Joint tenancy

Joint tenancy is concurrent ownership created with the required language and characteristics, commonly including a right of survivorship under which a deceased joint tenant's interest passes to the surviving joint tenant or tenants.

Exam area: Property Ownership

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What does “joint tenancy” mean in real estate?

Joint tenancy is concurrent ownership created with the required language and characteristics, commonly including a right of survivorship under which a deceased joint tenant's interest passes to the surviving joint tenant or tenants.

How is “joint tenancy” different from the closest wrong answer?

Joint tenancy can carry survivorship. Tenancy in common has no automatic survivorship and allows the deceased owner's interest to pass through the estate.

What is the Georgia-specific rule?

Georgia does not infer survivorship merely from multiple grantees. Under O.C.G.A. § 44-6-190, the deed must call the takers joint tenants or say they take jointly with survivorship, or use words of similar meaning.

Worked exam example

Scenario

A deed expressly conveys to two grantees as joint tenants with right of survivorship. When one dies, the survivor takes the deceased owner's interest by the survivorship feature.

What is the most common exam trap?

Trap correction

The word jointly or the fact that interests are equal may not be enough. Find express survivorship language.

Original exam check

Apply the definition

A Georgia deed conveys a home “to Ray and Sue, jointly, in equal shares.” Ray dies with a will leaving his interest to his son. Who receives Ray's interest?

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Related terms to learn next

Tenancy in common

Tenancy in common is concurrent ownership in which each co-owner holds a separate undivided interest, interests may be unequal, and no automatic right of survivorship exists.

Severalty

Severalty is ownership of real property by one legal person or entity alone rather than by co-owners.

Probate

Probate is the court-supervised process for proving a will when required, appointing a personal representative, identifying assets and creditors, administering the estate, and transferring property to those entitled to receive it.

Deed

A deed is a written instrument by which a grantor conveys an interest in real property to a grantee.

Recommended next complete lesson

Continue with Property Ownership complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.
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