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Real Property for Indiana Paralegals
Section 4 . 4 . 2

Joint Tenancy

Jonathan Watson

Unlike tenancy in common, joint tenancy is more strict in how the owners take possession of the property. The following case sets forth the requirements to create a joint tenancy:

Four requisites must exist to constitute a joint tenancy: (1) the tenants must have one and the same interest; (2) the interests must accrue by one and the same conveyance; (3) the interests must commence at one and the same time; and (4) the property must be held by one and the same undivided possession.[1]

In addition, there is one other requirement set forth in Indiana Code § 32-1-2-7, which requires that the desire to create a joint tenancy be set forth explicitly in the document transferring ownership of the property, usually a deed of some sort.

There are several aspects of a joint tenancy which differentiate it from a tenancy in common. First, each joint tenant has an undivided and equal ownership interest in the property. Second, each joint tenant has a right of survivorship – that is, if another joint tenant dies without disposing of the tenant’s interest in some way, the other joint tenants take the deceased’s share in equal ownership. Third, and this is not if one joint tenant conveys during the life of that tenant, it destroys the joint tenancy, as stated in this excerpt:

It is well settled that a conveyance of his interest by one joint tenant during his lifetime operates as a severance of the joint tenancy as to the interest so conveyed, and destroys the right of survivorship in the other joint tenants as to the part so conveyed.[2]

[1] Poulson v. Poulson, 691 N.E.2d 504, 506 (Ind. Ct. App. 1998)

[2] Morgan v. Catherwood, 95 Ind. App. 266, 167 N.E. 618, 622 (1929)

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