Co-tenancies > Joint Tenants

Joint Tenants: Underwriting Guidelines

Because laws are different from state to state, contact your local underwriter for guidance specific to your state. Generally, unless specifically requested, no designation of co-tenancy should be made in Schedule A of any policy.


In most states the right of survivorship of a joint tenant operates independently of the probate estate of the deceased joint tenant. Upon death of a joint tenant the surviving joint tenant(s) take title by operation of law. The death of a joint tenant must usually be shown by recording a death certificate.


Often borrowers may ask the title company to advise them on how they should hold title, particularly when planning their estates. Agents National Title agents should be careful not to advise borrowers on this legal matter.