joint tenancy

A tenancy with two or more coowners who take identical interests simultaneously by the same instrument and with the same right of possession.

• A joint tenancy differs from a tenancy in common because each joint tenant has a right of survivorship to the other’s share (in some states, this right must be clearly expressed in the conveyance — otherwise, the tenancy will be presumed to be a tenancy in common). See RIGHT OF SURVIVORSHIP. Cf. tenancy in common. [Cases: Joint Tenancy 1. C.J.S. Estates § 19; Joint Tenancy§§ 2, 4, 7–9.]

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