What Is a Joint Tenancy in California?

A joint tenancy is a form of co-ownership in which two or more people hold equal shares with a right of survivorship. When one joint tenant dies, their interest evaporates and the surviving joint tenants absorb it automatically, outside of probate and regardless of what the deceased owner's will says.

Creating a joint tenancy in California requires an express declaration in the deed. Any joint tenant can unilaterally sever the joint tenancy, converting it to a tenancy in common and killing the survivorship right, sometimes without the other owners ever knowing. Severance rules, including the recording requirements that govern secret severances, are a frequent battleground when one owner dies and the family discovers a deed signed shortly before death.

Joint tenancy fights cluster around three fact patterns: a parent who added a child to title "for convenience" without intending a gift, a severance recorded quietly before death, and competing claims between the surviving joint tenant and the decedent's trust or heirs. These cases sit at the intersection of real estate and probate litigation.