Joint tenancy is the ownership of property or assets by two or more co-owners (joint tenants) who have identical interests in the property or assets—and also have a right of survivorship. Real property (real estate), bank accounts, and brokerage accounts are examples of property or assets that may be owned by two persons (often married persons) as joint tenants with 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 property or assets 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 Alabama, joint tenancy with right of survivorship is recognized and allows two or more individuals to hold property together with equal interests. Upon the death of one joint tenant, their interest in the property automatically passes to the surviving joint tenant(s) without the need for probate. This is a key feature that differentiates joint tenancy from tenancy in common, where there is no right of survivorship and each tenant's share can be passed on to heirs. In Alabama, the right of survivorship must be explicitly stated in the deed or the ownership document to create a joint tenancy; otherwise, the ownership is presumed to be a tenancy in common. The relevant statutes can be found in the Alabama Code, and it is important for the document creating the joint tenancy to be clear and precise to ensure the right of survivorship is established. An attorney can provide specific advice and assistance in drafting the necessary documents to create a joint tenancy with right of survivorship in Alabama.