Table Of Contents
- All You Need To Know About Joint Tenants vs Tenants in Common
- What is Joint Tenancy?
- What is Tenancy in Common?
- Joint Tenants vs Tenants in Common: How are They Different?
- Ownership
- Right of Survivorship
- Selling Share
- Inheritance
- Control
- Can You Convert From Joint Tenants to Tenants in Common?
- Your Exclusive Rights About Tenancy
Joint Tenants vs Tenants in Common: Know the Law to Know Your Rights!
When it comes to owning a house with someone else, the term Joint Tenants vs Tenants in Common may pop up. These are legal ways two or more people can share property ownership.
But don’t worry! You don’t need to be a lawyer to understand what they mean. That’s what I am here for!
“But do I really need to understand what it means in detail? Should I really care?”
Yes. You should!
Because knowing how you own a home with someone else can affect your rights, your money, and what happens when one person wants to leave or pass away.
Irrespective of whether you’re buying property with a friend, family member, or partner, it’s important to know your options.
So, if you want to know about what your rights are when it comes to joint tenants and tenants in common, you have come to the right place! So, keep reading till the end…
All You Need To Know About Joint Tenants vs Tenants in Common
Before you decide how to share a property with someone, it’s important to understand these two terms: Joint Tenants and Tenants in Common.
They may sound similar, but they’re actually quite different when it comes to rights, responsibilities, and what happens after one person dies or wants to sell their share.
Think of it like sharing a giant cookie.
In joint tenancy, you and your friend own the whole cookie together, not just a slice. If your friend leaves the table (or dies), you still get to eat the whole cookie.
But in tenancy in common, you and your friend each own your own slice. If your friend leaves, they can give their slice to someone else—even if you don’t agree.
This difference can really matter in real life. So, let’s go step-by-step and explore both kinds of ownership in more detail.
What is Joint Tenancy?
Joint tenancy is a method used by two or more persons to own a house or land together as a single unit. Each person has equal rights and an equal share in the property as a whole.
You cannot take one part of the house and claim it by saying, “I own this!” — you are sharing everything with all the others.
Let us focus on the most important thing: When one dies, the half of the owners automatically go to the other half. This is known as “the right of survivorship”.
It means the property is kept by the surviving co-owners and is not subject to the court or will process.
This form of ownership is not only typical for married couples or close families who want to make their lives simpler after one passes away. But it also means that you cannot pass on your share to someone else in your will.
For instance, if Alex and Taylor are joint tenants of a house and Alex passes away, Taylor automatically becomes the full owner of the house, no matter the will of Alex.
What is Tenancy in Common?
Tenancy in common means that two or more people own property together, but not necessarily each owning an equal part of it, as the above case can be 70% for one and 30% for another. Certainly, each person can opt for what they want to do with their part.
It is of utmost importance that if one person passes away, the other owners do not get their share.
In this case, the share is passed on to the person the deceased has stated in the will or their family members if there is no will.
Compared to the other forms of property ownership, this one allows for the most control over the part(s) of the property a person owns.
For example, if Mia and Sam were tenants in common, and Mia were the owner of 60% of a house, she could bequeath her 60% to her sister in her will. Sam would not poll it because he is the co-owner.
It is a smart choice for friends, business partners, or people who want to maintain their separate ownership.
Joint Tenants vs Tenants in Common: How are They Different?
Now, coming to the most important section of the blog: Joint Tenants vs Tenants in Common difference!
Joint tenancy is like sharing one big milkshake with two straws—if one person goes away, the other still gets the whole milkshake.
On the other hand, tenancy in common is like having your own personal glass—you decide what to do with yours, even after you’re gone.
| Feature | Joint Tenants | Tenants in Common |
| Ownership share | Always equal | Can be equal or unequal |
| Right of survivorship | Yes – share goes to the other owner(s) | No – share goes to heirs or as per will |
| Can you sell your share? | Yes, but it may break the joint tenancy | Yes, freely sell or give away your share |
| Pass to heirs in a will? | No | Yes |
| Good for… | Married couples, close family | Friends, investors, people who want control |
So, let me explain how exactly they are different from each other:
Ownership
In joint tenancy, everyone owns the entire property equally—no one can claim a bigger share. You’re all in it together, like teammates.
In tenancy in common, each person owns a specific share, which can be equal or unequal. For example, one person can own 70% and another 30%.
This makes tenancy in common more flexible, especially when people contribute different amounts to buy the property.
Right of Survivorship
Joint tenants have the right of survivorship, which means if one owner dies, their share automatically goes to the other living owners. No will is needed. But in tenancy in common, there is no right of survivorship.
When one owner dies, their share goes to whoever they’ve named in their will or to their next of kin. This is a big legal difference to think about before choosing.
Selling Share
With joint tenancy, if one person wants to sell their share, it usually breaks the joint tenancy and turns it into a tenancy in common.
All owners must agree to sell the entire property. In tenancy in common, each person can sell, gift, or mortgage their individual share without needing permission from the others. This makes tenancy in common more independent and easier to change.
Inheritance
When you’re joint tenants, you can’t pass your share through a will—it automatically goes to the other owner(s). So, even if you want your child to inherit your share, they won’t get it.
In tenancy in common, you can name anyone in your will to inherit your portion. It gives you more freedom to plan how your property is handled after you pass away.
Control
Joint tenancy gives equal control to all owners, but decisions must be made together. One person can’t make changes to the property without the others agreeing.
In tenancy in common, each owner has more individual control over their share. They can manage, sell, or give away their part as they choose. It’s better for people who want to keep their interests separate while co-owning the same property.
Can You Convert From Joint Tenants to Tenants in Common?
Yes, you can!
If you and your co-owners decide that joint tenancy is no longer working for you, you can switch to tenancy in common. This is usually done by filling out a legal form and recording it with the local property office.
Why would someone want to change? Well, you might:
- Want to leave your share to someone else in your will.
- No longer trust or get along with the co-owner.
- Want to sell or gift your portion of the property independently.
Important: You don’t need the other person’s permission to break a joint tenancy. If one owner changes it, the joint tenancy ends, and all owners become tenants in common automatically.
However, it’s always smart to speak to a lawyer before making changes so you don’t mess up any paperwork or cause a legal headache later.
Your Exclusive Rights About Tenancy
The method of ownership, in terms of a choice between Joint Tenants and Tenants in Common, can be shocking sometimes.
And trust me when I say this, it is not only about formalities. Rather, it also touches upon your:
- Legal rights.
- Monetary assets.
- Prospective perspectives.
If you go for joint tenancy, then don’t forget to plan it that way; this process is very beneficial for the surviving owner who becomes the sole owner upon the death of the other party without the need for probate.
At the same time, if you are the type of person who prefers that your portion of the property remains under your control while allowing you to determine the next owner after your demise, the tenancy in common concept is more likely to appeal to you.
Before you put pen to paper, I recommend that you analyze your situation, your relationship with others, and the long-term goals of yourself.
You don’t have to be a legal expert for you to understand your rights—all you need is the correct information.
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