--- title: Can a Revocable Trust Be a Joint Tenant? description: Many people choose to title shared property as a joint tenancy because the ownership structure allows for the automatic transfer of ownership shares upon death of one owner to the surviving tenants. image: https://www.realized1031.com/hubfs/Images/Blog/advisor-consultation-couple-is1257975838.jpg --- [![Realized 1031 Exchange Marketplace](https://www.realized1031.com/hs-fs/hubfs/Images/Brand/Logo/Realized/Realized-Logo-Black.png?width=240&height=80&name=Realized-Logo-Black.png "Realized 1031 Logo") ](https://www.realized1031.com/) - [Wealth Management Gap](https://www.realized1031.com/the-wealth-management-gap) - [Our Process](https://www.realized1031.com/how-realized-works) - [Financial Advisors](https://www.realized1031.com/advisor) - [Resources](https://www.realized1031.com/resources) - [The Company](https://www.realized1031.com/about-us) - [Articles](https://www.realized1031.com/blog) [Register](https://www.realized1031.com/marketplace) [Log In](https://www.realized1031.com/login) - Better Business Bureau Rating: **A+** - [FINRA BrokerCheck](https://brokercheck.finra.org/firm/summary/22333) - [Call](tel:1-877-797-1031) **(877) 797-1031** # Can a Revocable Trust Be a Joint Tenant? Posted Apr 16, 2023 ![advisor-consultation-couple-is1257975838](https://www.realized1031.com/hs-fs/hubfs/Images/Blog/advisor-consultation-couple-is1257975838.jpg?width=750&height=393&name=advisor-consultation-couple-is1257975838.jpg) Many people choose to title shared property as a joint tenancy because the ownership structure allows for the automatic transfer of ownership shares upon death of one owner to the surviving tenants. This legal process takes place because of a joint tenancy’s provision for right of survivorship. When you co-own property in a joint tenancy, right of survivorship ensures your interests in the property are immediately transferred to the surviving tenant upon your death. Right of survivorship guarantees the speedy legal transfer of ownership rights so surviving owners don’t have to wait months for the decedent’s estate to be distributed through probate. All that’s worth noting because it leads to the question of whether a revocable trust can be a joint tenant. Taking a closer look at how both revocable trusts and joint tenancies work will provide a clear answer. ### How Does a Revocable Trust Work? With a revocable trust, the grantor, or creator of the trust, receives income from the trust while alive. The grantor also is free to amend or change the provisions of the trust or even cancel it altogether at any time – that’s what makes it a revocable trust. It differs from an irrevocable trust, which generally can’t be modified or amended, although a revocable trust becomes an irrevocable trust when the grantor dies because the trust creator is no longer alive to make changes to the trust. Another important aspect of a revocable trust is that it does not die when the grantor perishes. It simply becomes an irrevocable trust, and assets held under trust are transferred to designated heirs. Keep that in mind. ### How Does a Joint Tenancy Work? When two or more people hold title to property as a joint tenancy, each owner has equal, undivided interests in the property – all share the same rights to occupy and use the entire property regardless of their personal investment amounts in the asset. Owners also equally share all financial obligations for the property. The other two main covenants of a joint tenancy are that all parties must enter into the joint tenancy at the same time and take title to the property on the same deed. Married couples commonly deed a shared house as a joint tenancy because of right of survivorship, which ensures that when one spouse dies, the other automatically inherits 100-percent ownership of the home. Deeding the home this way can avoid having any legal challenges for the property brought forth by siblings, children, or step-relations. ### Why a Revocable Trust Can’t Be in a Joint Tenancy A joint tenancy is meant to be severed when one tenant dies, with right of survivorship guaranteeing that the surviving owner inherits 100-percent interest in the property. The problem with considering a revocable trust as part of a joint tenancy is that trusts are legal entities that don’t die, so it moots the provision for right of survivorship. It wouldn’t be sensible or possible to hold title to property this way, and if joint tenants transfer their interests in a property into revocable trusts they will automatically sever the joint tenancy and trigger a change of ownership event with the local assessor’s office. ### Putting it all Together Right of survivorship is one of the primary reasons to take possession of a property as joint tenants. Right of survivorship ensures that the surviving tenant will own the property outright when the other dies and the property won’t have to go through probate. A trust can’t be part of a joint tenancy because a trust isn’t a natural entity that can experience a death. Similarly, if a joint tenant conveys interests in a property to a trust, the joint tenancy is severed. If you have any additional questions about how revocable trusts interact with a joint tenancy ownership structure, consider consulting an estate planner to discuss your particular situation. This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. It should also not be construed as advice meeting the particular investment needs of any investor. 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When you co-own property in a joint tenancy, right of survivorship ensures your interests in the property are immediately transferred to the surviving tenant upon your death. Right of survivorship guarantees the speedy legal transfer of ownership rights so surviving owners don’t have to wait months for the decedent’s estate to be distributed through probate. All that’s worth noting because it leads to the question of whether a revocable trust can be a joint tenant. Taking a closer look at how both revocable trusts and joint tenancies work will provide a clear answer. How Does a Revocable Trust Work? With a revocable trust, the grantor, or creator of the trust, receives income from the trust while alive. The grantor also is free to amend or change the provisions of the trust or even cancel it altogether at any time – that’s what makes it a revocable trust. It differs from an irrevocable trust, which generally can’t be modified or amended, although a revocable trust becomes an irrevocable trust when the grantor dies because the trust creator is no longer alive to make changes to the trust. Another important aspect of a revocable trust is that it does not die when the grantor perishes. It simply becomes an irrevocable trust, and assets held under trust are transferred to designated heirs. Keep that in mind. How Does a Joint Tenancy Work? When two or more people hold title to property as a joint tenancy, each owner has equal, undivided interests in the property – all share the same rights to occupy and use the entire property regardless of their personal investment amounts in the asset. Owners also equally share all financial obligations for the property. The other two main covenants of a joint tenancy are that all parties must enter into the joint tenancy at the same time and take title to the property on the same deed. Married couples commonly deed a shared house as a joint tenancy because of right of survivorship, which ensures that when one spouse dies, the other automatically inherits 100-percent ownership of the home. Deeding the home this way can avoid having any legal challenges for the property brought forth by siblings, children, or step-relations. Why a Revocable Trust Can’t Be in a Joint Tenancy A joint tenancy is meant to be severed when one tenant dies, with right of survivorship guaranteeing that the surviving owner inherits 100-percent interest in the property. The problem with considering a revocable trust as part of a joint tenancy is that trusts are legal entities that don’t die, so it moots the provision for right of survivorship. It wouldn’t be sensible or possible to hold title to property this way, and if joint tenants transfer their interests in a property into revocable trusts they will automatically sever the joint tenancy and trigger a change of ownership event with the local assessor’s office. Putting it all Together Right of survivorship is one of the primary reasons to take possession of a property as joint tenants. Right of survivorship ensures that the surviving tenant will own the property outright when the other dies and the property won’t have to go through probate. A trust can’t be part of a joint tenancy because a trust isn’t a natural entity that can experience a death. Similarly, if a joint tenant conveys interests in a property to a trust, the joint tenancy is severed. 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