• What’s the Difference Between Tenancy in Common and Joint Tenancy?

    Ever wonder what the general difference between Tenancy in Common and Joint Tenancy are? When you purchase a home you “hold title” on that property. Here are two ways you can hold title. For specific information regarding this, contact an attorney.

    Tenancy in Common:

    Parties: Any number of persons or entities (can be husband and wife)

    Ownership:  Ownership can be divided into any number of interests, equal or unequal

    Title: Each co-owner has separate legal title to their undivided interest

    Conveyance:  Each co-owner’s interest may be separately conveyed

    Purchasers’ Status:  Purchasers become tenants in common with the co-owners

    Death: Upon a co-owner’s death, their interest passes by will or if no will, state intestacy to their devisees or heirs.  No survivorship right.

    Successors’ Status: Devisees or heirs become tenants in common

    Creditors’ Rights: A co-owner’s interest may be sold on execution sale to satisfy creditors.  Creditors become tenants in common

    Presumption:  Grant to multiple parties creates a tenancy in common presumption.



    Parties:  Any number of persons, not entities (Can be husband and wife)

    Ownership: Owner interest must be equal

    Title: There is only one title to the whole property

    Conveyance: Conveyance by one co-owner without the others breaks the join tenancy as to the party who conveyed.

    Purchasers’ Status: Purchasers from one co-owner will become a tenant in common

    Death: On co-owner’s death their interest automatically transfers to the surviving joint tenant(s), outside of any probate proceeding

    Successors’ Status: Last survivor (s) owns property in whole

    Creditors’ Rights:  A co-owner’s interest may be sold on execution sale to satisfy creditors.  Joint Tenancy is broken.  Creditors becomes a tenant in common.

    Presumption: Must be expressly stated, unless a married couple.  If married, presumed to be joint tenancy.


    Other ways to hold title:

    Sole Ownership and  In Trust




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