- For Attorneys
It is possible to create a joint tenancy or tenancy in common by executing a deed from the current owner to the new joint owners as tenants in common or joint tenants. A tenancy in common interest is distinguished from a joint tenancy interest, which passes automatically to the survivor. Generally, for transfers to two or more persons who are not husband and wife, the deed or conveyance must expressly state an intention to create a joint tenancy by noting that the property will be held not as tenants in common but as joint tenants with rights of survivorship.
For example, a parent may transfer property in their name only through a deed from an individual to two individuals, either as tenants in common or joint tenants. Another option is to transfer to a child's name only and reserve a life estate in the parent.