Tenancy in Common 

• Each tenant has an individual, simultaneous, undivided ownership interest (percentage) in the property;
• Each tenant has the right to alienate, mortgage or transfer his/her ownership interest;
• Tenants in common may hold unequal interests;
• No right of survivorship.

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Joint Tenancy

• Four required unities: 1. Time (interests must vest simultaneously); 2. Title (interests acquired by the same instrument/title); 3. Interest (equal share); 4. Possession (identical rights of enjoyment);
• Tenants have a right of survivorship (if one owner dies, that owner’s interest in the property will pass to the surviving owner(s) by operation of law);
• Joint tenancy requires clear language indicating the type of concurrent estate;
• Can be created by deed or will.

Tenancy by Entirety

• Five required unities: 1. Time; 2. Title; 3. Interest; 4. Possession; 5. Person (marriage);
• Available only to married couples;
• Ownership of property is treated as though the couple were a single legal person;
• Each spouse owns the entire estate and not a fractional part.

Last Updated on October 18, 2014 by Ramin Seddiq