In Georgia, to create a joint tenancy with right of survivorship, the deed must:
Question & Answer
Review the question and all answer choices
Be notarized
While notarization is required for a deed to be recorded in Georgia (O.C.G.A. Β§ 44-2-15), notarization alone does not determine the type of co-ownership created β it is a formality of execution, not a substantive requirement for establishing survivorship rights.
Specifically state the intent to create survivorship
Be approved by a court
Court approval is not required to create a joint tenancy with right of survivorship in Georgia; the parties create it themselves through proper deed language, and judicial involvement is only necessary if a dispute later arises over the ownership structure.
Include all four unities
While the four unities (time, title, interest, and possession) are the common law prerequisites for joint tenancy and are relevant in many states, Georgia's statute goes beyond requiring the four unities by also mandating explicit survivorship language β satisfying the four unities alone is insufficient under Georgia law to establish the right of survivorship.
Why is this correct?
Under O.C.G.A. Β§ 44-6-190, Georgia law presumes tenancy in common when property is conveyed to multiple grantees, and a joint tenancy with right of survivorship is only created when the deed contains language that specifically and clearly expresses the intent to create survivorship rights. Typical acceptable language includes phrases such as 'as joint tenants with right of survivorship and not as tenants in common.' Without this explicit statement, even if the four unities of time, title, interest, and possession are present, Georgia courts will treat the ownership as a tenancy in common, meaning the deceased owner's share passes through their estate rather than automatically to the survivor.
Continue Learning
Explore this topic in different formats
More Property Ownership Videos
Continue learning with related video lessons
Arizona is a community property state. This means:
2:25 β’ 0 views
Illinois recognizes which form of marital property ownership?
3:22 β’ 0 views
In Illinois, which deed provides the greatest protection to the buyer?
3:05 β’ 0 views
In North Carolina, a deed must be:
2:21 β’ 0 views
Connecticut follows which recording system?
2:14 β’ 0 views
Ready to Ace Your Real Estate Exam?
Access 2,000+ free video lessons covering all 11 exam topics.
