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 Rhode Island, joint tenancy is a form of property co-ownership where each joint tenant holds an equal and undivided interest in the property. The key feature of joint tenancy in Rhode Island is the right of survivorship, which allows the property to pass directly to the surviving joint tenant(s) upon the death of one of the co-owners, bypassing the probate process. To create a joint tenancy in Rhode Island, the four unities of time, title, interest, and possession must be present, and the right of survivorship must be explicitly stated in the deed or conveyance document. If the right of survivorship is not clearly expressed, the ownership may be presumed to be a tenancy in common, which does not include the right of survivorship. Rhode Island law requires that the intent to create a joint tenancy with the right of survivorship be clear and unequivocal. Attorneys in Rhode Island can assist in drafting the appropriate documents to ensure that the property is held as a joint tenancy with the right of survivorship, in accordance with the clients' wishes.