Right of survivorship - sustany/dvg GitHub Wiki

Under the right of survivorship, each tenant possesses an undivided interest in the whole estate. When one tenant dies, the tenant�s interest disappears and the others tenants� shares increase proportionally and obtain the rights to the entire estate.

There are two types of tenancies that possess the right of survivorship: joint tenancy and tenancy by the entirety. The right of survivorship in a joint tenancy may be severed, converting the estate to a tenancy in common, by means of partition (voluntary or involuntary); a conveyance by one joint tenant; agreement of joint tenants; murder of one joint tenant by the other; or the simultaneous deaths of joint tenants.�

The right of survivorship in a tenancy by the entirety may be severed by divorce, mutual agreement, or execution by a joint creditor. In a tenancy by the entirety, the right of survivorship cannot be terminated by an involuntary partition.

Tenants with right of survivorship are not obligated to continue a concurrent ownership and are not required to sell only their interests to sell themselves from the co-tenancy. Rather, the tenant has an absolute right to petition a court to partition the property if both tenants have concurrent possessory rights. However, neither spouse can seek partition of a property held in a tenancy by the entirety.�