A rule dating back to 1858
Under the current version of T.C.A. § 66-1-107, first enacted in 1858, a joint tenant's share no longer automatically passes to the surviving tenant when they die — it descends to their own heirs, executors, or administrators, exactly as it would under a tenancy in common. Tennessee courts have consistently held, though, that this statute only abolished the automatic survivorship that used to arise by operation of law — parties are still free to create survivorship by express agreement, in a deed or a will, if that's what they actually intend.
Where the language has to appear
A real Tennessee appellate case shows how strictly this gets enforced. In one dispute, a trial court found that survivorship language located in the deed's "advisement" or derivation section — rather than in the granting section itself — wasn't enough to actually convey a right of survivorship. On appeal, the appellate court reversed, holding that the language in question was in fact sufficient as a matter of law, because it was properly located to attach a right of survivorship to the tenancy created by the deed. The case is a reminder that where the survivorship wording sits in the document, not just whether it exists somewhere in the paperwork, can end up deciding the outcome.
Severed by one owner, without the other's consent
Even a validly created joint tenancy with survivorship isn't permanent. The Tennessee Supreme Court has confirmed that one joint tenant can convey their own interest to a third party during their lifetime — and once that happens, the new owner and the remaining original tenant become tenants in common with each other, extinguishing the survivorship right that existed between the original joint tenants. The remaining original owner doesn't have to agree, or even know about the transfer in advance, for the severance to take effect.
Tenancy by the entirety: the married-couple exception
Tennessee reserves a separate form of ownership for spouses only: tenancy by the entirety. It works much like joint tenancy with an assumed right of survivorship, but comes with an added benefit ordinary joint tenancy doesn't provide — property held this way is generally protected from the separate creditors of just one spouse while both are alive, since neither spouse is treated as owning a severable individual share.
Unmarried co-owners: strict requirements to even qualify
For co-owners who aren't married to each other, Tennessee law treats them as joint tenants at all only if they received the same property interest, through the same deed, starting at the same time, with the same undivided possession. Even when that's satisfied, the deed still needs the express survivorship wording discussed above — simply qualifying as joint tenants isn't enough on its own to avoid probate for a co-owner's share.
No deed shortcut replaces this
Because Tennessee has no transfer-on-death deed for real estate, an expressly worded survivorship deed and tenancy by the entirety remain the two main tools for keeping a house out of probate without a trust. See our explanation of why Tennessee has no TOD deed for the full picture of the alternatives.