Who Gets the House? Joint Tenancy vs. Tenancy in Common in Gwinnett County

Two friends buy a rental home in Lawrenceville. A married couple closes on a house in Suwanee. A parent adds an adult child to the deed in Duluth. Each of them assumes the paperwork says what they intended, but does it? The wording of a deed can decide who owns a property after a death, a divorce, or a falling out. If you own real estate in Gwinnett County, the difference between joint tenancy and tenancy in common deserves a closer look.

Georgia’s Default May Surprise You

Many owners assume that putting two names on a deed means the survivor automatically inherits. Georgia law says otherwise. Under O.C.G.A. § 44-6-190(a)(2), an instrument of title in favor of two or more people creates interests in common without survivorship, unless the instrument expressly calls the owners “joint tenants with right of survivorship” or says they take “jointly with survivorship.”

A deed that simply lists two names usually creates a tenancy in common. Survivorship has to be spelled out on purpose.

How Joint Tenancy Works

With a joint tenancy, when one owner dies, that owner’s share passes to the surviving owner or owners automatically, outside of a will and generally without probate for that property. For couples and close family members, that simplicity can be appealing.

There are tradeoffs, though. An owner cannot leave a joint tenancy share to someone else through a will. The arrangement can also be severed. Under the same statute, recording an instrument that results in a lifetime transfer of an owner’s interest can break the joint tenancy for that owner.

Divorce is another place people stumble. A joint tenancy does not end on its own when a marriage does. Unless the final decree addresses it, one party can record an affidavit with the clerk of superior court in the county where the property sits, which converts the interests to a tenancy in common.

How Tenancy in Common Works

In a tenancy in common, each owner holds a separate share. Those shares can be equal or unequal, and each owner can leave their share to whomever they choose. There is no automatic right of survivorship.

That flexibility suits business partners, friends who buy together, and blended families who want each side to protect their own heirs. The tradeoff is that a deceased owner’s share goes to that person’s heirs, not to the surviving co-owner. Have you thought about who you might end up sharing a property with?

Questions to Ask Before You Record a Deed

Should the surviving owner receive everything, or should each share go to different people? Are all owners contributing equally? What happens if the relationship changes? And does the deed already on file use the wording you thought it did? Many property owners are surprised when they read the actual language for the first time.

Bring Us Your Deed

Your deed is a short document with a big job. Before you buy, add a name, or assume your current deed says what you think it says, let our Norcross estate planning lawyers at Bowman Law Firm read it with you. Bring the deed and your questions, and we will explain what it does and whether it fits your family’s plans.