Joint tenancy is the ownership of real property by two or more co-owners (joint tenants) who have identical interests in the property—and also have a right of survivorship.

A right of survivorship means that upon the death of a joint tenant the property passes directly to the other joint tenant(s), allowing the ownership to be transferred to the surviving joint tenant(s) without going through the probate or court systems. A joint tenancy is sometimes referred to as a joint tenancy with right of survivorship.

This right of survivorship is what distinguishes a joint tenancy from a tenancy in common, in which co-owners hold the property as tenants in common. In some states the right of survivorship must be clearly expressed in the document transferring or conveying the property to the joint tenants, or the tenancy will be presumed to be a tenancy in common.

Laws vary from state to state and in many states the law regarding joint ownership of real property is located in a state’s statutes—although it may also be located in a state’s court opinions (common law or case law).

In California, joint tenancy is a form of property co-ownership that provides each co-owner with an equal share and the right of survivorship. This means that when one joint tenant dies, their interest in the property automatically passes to the surviving joint tenant(s), bypassing the probate process. To create a joint tenancy in California, the property transfer document must explicitly state the intention to create a joint tenancy, often by including the phrase 'as joint tenants with right of survivorship.' If this specific language is not used, the ownership may be presumed to be a tenancy in common, which does not include the right of survivorship. California law requires four unities to be present for a joint tenancy: unity of time, title, interest, and possession. This means that the joint tenants must acquire the property at the same time, through the same deed, with equal interests and rights to the entire property. The relevant statutes governing joint tenancy in California can be found in the California Civil Code.