There are two ways for multiple people to own real property together in Georgia. To own property as tenants in common means that each co-owner owns a separate interest in the property. When one owner dies, that owner’s interest in the property passes through their probate estate to their beneficiaries or heirs. To own property as joint tenants with rights of survivorship means that the co-owners own the entire interest together. When one owner dies, that owner’s interest in the property passes immediately to the other co-owners.
Tenancy in common is the default rule for multiple owners in Georgia. To create a joint tenancy with survivorship, the deed must state that the co-owners are “joint tenants with rights of survivorship”, or use similar language. If the deed doesn’t include this language, then the co-owners are tenants in common.
Many of our married or partnered estate planning clients are surprised to learn their home would not pass automatically to their partner if they died first. Fortunately, it’s fairly easy to convert a tenancy in common to a joint tenancy with survivorship by having them sign a new deed including the operative language and recording the deed as part of the estate planning process.