Real Estate · Property Ownership

What is the defining characteristic of joint tenancy that distinguishes it from tenancy in common?

Correct answer

Joint tenancy includes the right of survivorship, so when one joint tenant dies their interest passes automatically to the surviving joint tenants rather than to their heirs

  1. A Joint tenants must be married
  2. B Joint tenancy includes the right of survivorship, so when one joint tenant dies their interest passes automatically to the surviving joint tenants rather than to their heirs
  3. C Joint tenants own unequal shares
  4. D Tenancy in common has the right of survivorship

Why this is the answer

The hallmark of joint tenancy is the right of survivorship: on the death of a joint tenant, that share passes automatically to the surviving joint tenants and not through the deceased's will or to their heirs. Joint tenancy traditionally requires the four unities — time, title, interest, and possession — meaning the owners take equal interests through the same deed at the same time. Tenancy in common, by contrast, allows unequal shares, has no survivorship, and a co-tenant's interest passes to their heirs or devisees. Understanding survivorship is essential because it determines how title moves on death without probate.
Source: Real Estate Principles, Concurrent Ownership

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