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 Louisiana, joint tenancy with right of survivorship is not recognized in the same way it is in many other states. Instead, Louisiana law generally favors a form of co-ownership known as 'indivision' or 'tenancy in common.' Under this form of ownership, when one co-owner dies, their share of the property does not automatically pass to the surviving co-owners. Rather, it becomes part of the deceased's estate and is subject to Louisiana's inheritance laws, which may require the property to go through probate. To create a situation similar to joint tenancy with right of survivorship, parties in Louisiana may use a 'usufruct' or other estate planning tools, such as a trust, to allow a surviving partner to maintain use of the property. It is important for property owners in Louisiana to consult with an attorney to understand the implications of property co-ownership and to structure ownership in a way that aligns with their intentions.