Joint Tenancy
A way for two or more people to own property together, where when one owner dies, their share automatically passes to the surviving owner(s).
What It Means
Joint tenancy is a form of shared property ownership. The key feature is the “right of survivorship” – when one owner dies, their share automatically transfers to the surviving owner(s) without going through probate.
Why It Matters
Joint tenancy is one of the most common ways married couples and family members hold property in Minnesota. Because the property passes automatically at death, it avoids the cost and delay of probate. However, it also means you cannot leave your share to someone else in your will – it always goes to the surviving joint tenant.
This is different from tenancy in common, where each owner can leave their share to anyone they choose.
Example
A married couple buys a house as joint tenants. When one spouse dies, the surviving spouse automatically becomes the sole owner. The house does not go through probate and is not affected by the deceased spouse’s will.
Deeds, real estate purchases, and estate planning discussions.