What does it mean to be joint tenants?

My current focus will be talking about types of interest that people can have in real property.  The next series of blog entries will explore ownership of real property by people at the same time. 

If you purchase a house with two or more persons your ownership is by tenants in common and not joint tenancy, unless expressly declared to be a joint tenancy.  This declaration is usually done in the conveying deed.  This is important because under a joint tenancy, if one of the joint tenants dies that person’s ownership interest in the house passes to the surviving joint tenants.  For example, if John, his wife Sarah, his brother Jim and his wife Rebbecca own a cabin in Brainerd as joint tenants.  Just recently John passed away.  Because the ownership of the cabin is in joint tenancy, John’s ownership passes to the remaining owners.  If the ownership was as tenants in common, John’s ownership would have been as asset that he could bequeath to another under his Will.  It should be noted that a joint tenancy does not exist in Minnesota between a husband and wife solely by virtue of the marital relationship, but it may exist by virtue of express grant or devise.  Wilson v. Wilson, 43 Minn. 398, 45 N.W. 710 (1890).  However, in Minnesota, a surviving spouse does have certain protections in homestead property regardless of joint tenancy.  I will be exploring this issue in later blog entries.