Joint Tenant's Survivorship Deed Rights
- A survivorship deed, unlike a regular warranty deed, creates a joint tenancy between two or more owners. Through a survivorship deed, when one owner dies, his interest goes directly to remaining owners. For example, if Ann and Bob were joint tenants and Bob died, the entire property becomes Ann's. For this reason, joint tenancy is often used to avoid probate.
- Tenancy by entirety exists in some states. It is a term to signify joint tenancy when the owners are married. If tenancy by entirety exists, there is still the right to survivorship. The joint tenancy, however, cannot be severed, or terminated, without permission from both spouses.
- Another type of concurrent estate is tenants in common. In the event a joint tenancy is severed, the owners become tenants in common. Tenants in common are required to share net rents from third parties and reimburse each other for taxes or mortgage payments, unless one tenant is in sole possession of the property.
- A joint tenancy may be severed in some instances. For example, if one tenant conveys his interest to another party in a will or other testamentary instrument, the joint tenancy is severed. Additionally, taking a mortgage on the property or leasing the property to a third party severs joint tenancy in some states through state property law.