How to Hold Title to Property in Georgia

This is general information, not legal advice. A Georgia real estate attorney can help with your specific situation.

Tenancy in Common: Georgia’s Default

When a deed conveys property to two or more people without any language specifying survivorship, Georgia law creates a tenancy in common by operation of O.C.G.A. § 44-6-190. Each co-owner holds a separate, undivided fractional interest in the property. There is no automatic survivorship right. When a tenant in common dies, their share passes through their estate — either under a will or Georgia’s intestacy laws — not automatically to the surviving co-owner or co-owners.

Tenants in common can hold unequal shares (for example, 60% and 40%), and each co-owner has the right to use and enjoy the entire property regardless of ownership percentage. Any co-owner can seek a partition — a court-supervised division or sale of the property — if the co-owners cannot agree on management or disposition.

Joint Tenancy With Right of Survivorship: Express Language Required

To create a joint tenancy with right of survivorship (JTWROS) in Georgia, the deed must expressly state that intent. O.C.G.A. § 44-6-190 specifies that language such as “joint tenants,” “joint tenants and not as tenants in common,” or “jointly with survivorship” is required. Without that specific language, Georgia treats the conveyance as a tenancy in common regardless of what the parties may have intended.

When a valid JTWROS is created, the surviving co-owner automatically receives the deceased co-owner’s share at death. The property passes outside probate — there is no need to open an estate proceeding to transfer title. The surviving owner typically records an affidavit of survivorship with a copy of the death certificate to clear the title record.

No Tenancy by the Entirety in Georgia

Many states allow married couples to hold property as tenants by the entirety — a form of joint ownership that provides certain creditor protections and automatic survivorship. Georgia does not recognize tenancy by the entirety. Married couples who want survivorship rights must use express joint tenancy language in the deed, just as any other co-owners would. A deed that simply names two spouses as grantees creates a tenancy in common unless survivorship language is included.

Transfer-on-Death Deeds: New as of July 1, 2024

Georgia added transfer-on-death (TOD) deeds to its property law effective July 1, 2024, under O.C.G.A. § 44-17-2. A TOD deed allows a property owner to record a deed that names one or more beneficiaries to receive the property at the owner’s death, without going through probate.

Key features of Georgia’s TOD deed:

• The beneficiary receives no present ownership interest during the owner’s lifetime. The owner can sell, mortgage, or revoke the deed at any time without the beneficiary’s consent.
• After the owner dies, the beneficiary must record an acceptance affidavit together with a certified copy of the owner’s death certificate within 9 months of the owner’s death. If the beneficiary fails to do so within that window, the property interest reverts to the owner’s estate and passes through probate.
• A TOD deed must be recorded with the Clerk of the Superior Court in the county where the property is located to be effective.

The Recording System and Practical Guidance

Georgia uses a notice-type recording system (O.C.G.A. § 44-2-1). Recording a deed or TOD deed promptly after execution protects against subsequent claims.

For married homebuyers who want the surviving spouse to own the home automatically: use express JTWROS language in the deed — for example, “as joint tenants with right of survivorship and not as tenants in common.” A TOD deed is an alternative that achieves a similar result with more flexibility during life.

If you are unsure which ownership form fits your situation, a Georgia real estate attorney can review your goals and draft the appropriate deed language.