In a Sale
What This Means When the House Is Being Sold
What title actually needs to confirm this right applies is the vesting language on the recorded deed, since not every form of joint ownership includes it. Joint tenancy generally carries it. Tenancy in common generally does not, meaning a deceased tenant in common's share instead passes through their own estate rather than automatically to the co-owners.
Compare
Not to Be Confused With
- This TermRight of Survivorship
- Often Mistaken ForJoint Tenancy
- Often Mistaken ForTenancy in Common
What Tells Them Apart
Right of Survivorship is the specific feature that lets ownership pass automatically at death. Joint Tenancy is a form of co-ownership that includes this right by default. Tenancy in Common is a different form of co-ownership that generally does not include it, meaning a deceased owner's share passes through probate instead.
Questions
Questions People Ask
How do I know whether the house passes automatically to the surviving owner?
The vesting language on the recorded deed is what confirms it, since not every form of joint ownership includes the right. Joint tenancy generally carries it. Tenancy in common generally does not, meaning a deceased owner's share passes through their own estate rather than to the co-owners. Title reads the deed.