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 Georgia, joint tenancy with right of survivorship is recognized and allows two or more co-owners to hold property with equal interests. Upon the death of one joint tenant, their interest in the property automatically passes to the surviving joint tenant(s) without the need for probate. To create a joint tenancy with right of survivorship in Georgia, the co-owners must clearly express their intent to establish such a tenancy in the deed or other instrument of transfer. This is typically done by including specific language that indicates the co-owners' desire to hold the property as joint tenants with right of survivorship. If the document does not clearly state this intention, the ownership may be presumed to be a tenancy in common, where there is no right of survivorship. It is important for property owners to ensure that the conveyance documents accurately reflect their intentions regarding the type of co-ownership they wish to establish.