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 Missouri, joint tenancy with right of survivorship is recognized as a form of property co-ownership. This means that when one of the joint tenants dies, their interest in the property automatically passes to the surviving joint tenant(s) without the need for probate. To create a joint tenancy in Missouri, the four unities of time, title, interest, and possession must be present, meaning the joint tenants must acquire the property at the same time, through the same conveyance, and have equal interest and rights to the whole property. Additionally, the right of survivorship must be explicitly stated in the deed or the conveyance document to establish a joint tenancy rather than a tenancy in common, which does not include the right of survivorship. If the right of survivorship is not clearly expressed, the ownership is presumed to be a tenancy in common. It is important for individuals considering joint tenancy to ensure that the property deed is properly drafted to reflect this intention. An attorney can provide guidance on how to correctly establish joint tenancy and ensure that the right of survivorship is effectively implemented according to Missouri law.