Joint tenancy is the ownership of real property by two or more co-owners (joint tenants) who have identical interests in the property—and also have 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 real property 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 Arizona, joint tenancy is recognized as a form of co-ownership of property, which includes the right of survivorship. 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 Arizona, the property deed must explicitly state the intention to establish a joint tenancy with the right of survivorship. If the deed does not clearly indicate this intention, the ownership may default to a tenancy in common, where there is no right of survivorship. Arizona law requires that the four unities of time, title, interest, and possession be present for a joint tenancy to be valid. These unities ensure that each joint tenant has an equal share of the property, acquires their interest at the same time, through the same conveyance, and has an equal right to possess the whole property. It is important for property owners to understand these distinctions and ensure that their property deeds are correctly drafted to reflect their intentions regarding co-ownership and survivorship rights.