Joint tenancy with right of survivorship (JTWROS) is a manner of holding title to real estate. If the land is owned as JTWROS, when one of the joint tenants dies and the death certificate is recorded in the county in which the land is located, the surviving joint tenants automatically own the land free from any claim of a deceased joint tenant.
A joint tenancy is an estate held by two or more persons jointly, each having an equal right to its enjoyment during his or her life. The distinguishing feature of a joint tenancy is the right of survivorship by which the survivor takes the estate free of any claim of a deceased joint tenant. Kleemann v. Sheridan, 75 Ariz. 311, 256 P.2d 553 (1953).
Creation of a joint tenancy requires the presence of four unities: time, title, interest, and possession. Brown v. Navarre, 64 Ariz. 262, 169 P.2d 85 (1946). The appellate case law in Arizona, as elsewhere, generally holds that conduct by a joint tenant which interferes with or destroys the continued coexistence of any one of the unities of time, title, interest, and possession severs the joint tenancy relationship, leaving the joint tenants as tenants in common, without the right of survivorship. Brant v. Hargrove, 129 Ariz. 475, 632 P. 2d 978 (App. 1981).
Generally, severance or destruction of one or more of the four unities results in the destruction of the joint tenancy and the failure of the right of survivorship. See Smith v. Tang, 100 Ariz. 196, 412 P.2d 697 (1966); In re Estate of Estelle, 122 Ariz. 109, 593 P. 2d 663 (1979). Execution of a deed of trust by one joint tenant, however, does not operate to sever or terminate the joint tenancy relationship. Brant v. Hargrove, 129 Ariz. 475, 632 P. 2d 978 (App. 1981).
Generally, a joint tenancy is created when Owner (O) conveys the land to Adam (A) and Baker (B) “as joint tenants with right of survivorship.” A and B then own the land as JTWROS. If O conveys to A, B, and C as joint tenants with the right of survivorship, then A, B, and C own as JTWROS.
What happens if A, B or C convey their interest in the land to David (D)? Is the entire joint tenancy destroyed? If A, B or C, conveys to D, then D becomes an owner as a “tenant in common” (TIC) with the other owners who did not convey to D. A TIC is a form of ownership where each TIC holds an undivided fractional interest in the land. Upon the death of the TIC, the interest of the TIC becomes a part of the estate of the deceased TIC.
Thus, if A conveys to D, A is no longer a joint tenant and no longer owns an interest in the land, and D becomes a TIC with B and C. B and C remain joint tenants with each other. Smith & Boyer, Survey of the Law of Property, 60-61, 2nd Ed. 1971.
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