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 New Hampshire, joint tenancy is a form of property co-ownership where two or more individuals hold an equal interest in the property, with a right of survivorship. This means that if one of the joint tenants dies, their interest in the property automatically passes to the surviving joint tenant(s), bypassing the probate process. For the right of survivorship to be effective in New Hampshire, it must be explicitly stated in the deed or the document that creates the tenancy. If the right of survivorship is not clearly expressed, the ownership may be presumed to be a tenancy in common, where co-owners have individual shares that can be inherited by their heirs. New Hampshire's statutes govern the specifics of joint tenancy and the right of survivorship, and it is important for property owners to ensure that their deeds are properly drafted to reflect their intentions for the property upon their death.