Georgia Joint Property & Survivorship Rules

Adding a second name to a Georgia deed doesn't create automatic survivorship the way most people assume. The deed has to say so — in almost exact words.

The default is tenancy in common, not survivorship

Under O.C.G.A. § 44-6-190, any deed naming two or more people is construed as creating a tenancy in common — each owner holds a separate, transferable share, and that share goes through probate at death — unless the deed expressly refers to the owners as "joint tenants," "joint tenants and not as tenants in common," or "joint tenants with survivorship," or uses essentially the same wording. A deed that simply reads "to John Smith and Mary Smith" creates a tenancy in common. Nothing about that wording, by itself, avoids probate for either owner's share.

A joint tenant can sever it alone, without telling anyone

Even when a deed does use the right survivorship language, the protection isn't permanent. Section 44-6-190 lets any single joint tenant record an instrument transferring their own interest — a deed, a mortgage that results in a transfer, a court-ordered sale — and that recording severs the joint tenancy as to that owner's share, converting it back to a tenancy in common. The other owner doesn't have to consent, or even know in advance. The one exception: if every joint tenant joins in the same recorded transfer together, no severance happens.

Divorce can undo it by affidavit

If a married couple holds title as joint tenants with survivorship and later divorces, Georgia gives either former spouse a way to clear the record: filing an affidavit with the clerk of superior court in the county where the property sits, stating the parties are divorced or the marriage was annulled. That affidavit affects the survivorship interest going forward, unless the final divorce or annulment decree already addressed the property differently.

Bank accounts run on the opposite default

Real estate and bank accounts in Georgia are governed by entirely different statutes, with opposite starting assumptions. A joint bank account falls under the state's Multiple-Party Accounts law, O.C.G.A. § 7-1-813, which presumes the surviving owner takes the funds automatically — unless there's clear and convincing evidence the account holders intended something else at the time they opened it. So the same word, "joint," points toward probate for a house and away from probate for a bank account, depending entirely on which asset it's attached to. See our guide to Georgia beneficiary and P.O.D. accounts for how that plays out with other account types.

A newer alternative: the transfer-on-death deed

Since July 1, 2024, a Georgia property owner doesn't have to rely on getting the joint-tenancy wording exactly right at all. A transfer-on-death deed under O.C.G.A. § 44-17-1 et seq. names a beneficiary who receives the property automatically at death, while the owner keeps sole control — and can revoke it — during life.

Georgia joint property — frequently asked questions

What exact words does a Georgia deed need for survivorship?

O.C.G.A. Section 44-6-190 requires the deed to refer to the owners as "joint tenants," "joint tenants and not as tenants in common," or "joint tenants with survivorship," or use essentially the same wording. Without one of those phrases, a deed to two or more people defaults to a tenancy in common with no survivorship.

Can one Georgia joint tenant end the survivorship on their own?

Yes. Under Section 44-6-190, any single joint tenant can sever the survivorship by recording an instrument transferring their own interest, even without the other owner's knowledge or consent — unless every joint tenant joins in the same recorded transfer, in which case no severance occurs.

Does divorce end Georgia joint tenancy survivorship automatically?

It can. Section 44-6-190 lets either former spouse file an affidavit in the county's real property records averring the parties are divorced or the marriage was annulled, which converts the survivorship interest, unless the final divorce or annulment order already disposed of it differently.

Why does a Georgia bank account default to survivorship but a deed doesn't?

They're governed by different statutes with opposite defaults. O.C.G.A. Section 7-1-813 (banking law) presumes survivorship for a joint account unless there's clear and convincing evidence otherwise. O.C.G.A. Section 44-6-190 (real property law) presumes no survivorship for a joint deed unless the deed says so expressly. The word "joint" alone doesn't tell you which rule applies — the asset type does.

Does a Georgia joint tenant's creditor threaten the other owner's share?

A creditor generally can only reach the debtor joint tenant's own interest, and collection action against that interest can itself sever the joint tenancy going forward — it doesn't automatically convert the whole property, but it can end the survivorship benefit the co-owners were counting on.

This page provides general guidance only and is not legal advice. Figures and rules are based on Georgia statute (O.C.G.A. § 44-6-190, § 7-1-813), verified per our methodology. Confirm how a specific deed or account is actually titled with the county Clerk of Superior Court, the bank, or a licensed Georgia attorney before acting.