I can help you with joint tenancy vs common tenancy difference. Co-ownership under estate law refers to a form of ownership in which multiple individuals have an ownership interest in a piece of real land. Tenancy in common and joint tenancy both fall under a particular category of co-ownership.
This is all you need to know about joint tenancy vs common tenancy.
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What Does Joint Tenants in Common Mean?
Tenancy in Common Vs Joint Tenants
There are some significant distinctions between tenants in common and joint tenants, even though they are similar in many respects, especially in relation to their right of possession of a particular piece of property. You can follow the table below to understand what's the difference between joint tenants and tenants in common.| Joint Tenancy | Tenants in Common |
| Joint tenants are those who own real estate jointly with two or more other persons. | A legal structure wherein two or more parties share ownership interest in real estate property without explicitly stating so is referred to as "tenants in common." |
| Joint tenants are those whose title deed operates on the principle of unity, giving each joint owner an equal portion and rights in the property. | Tenants in common may own varying proportionate financial shares or percentages of the property. |
| However, in a joint tenancy, each co-owner must have an equal portion of the property, as well as equal rights and responsibilities. | Tenancy in common is characterised by the possibility of uneven shares and ownership interests among the tenants. |
| The right of survivorship is not available to a tenant in common. This is one of the key difference between joint tenancy and tenancy in common. | The most desirable aspect of joint tenancy—the right of survivorship. |
| If a joint tenant passes away, his portion of the property immediately transfers to the other co-owner(s) who are still alive under survivorship rights. | If a tenant in a tenancy in common passes away, his interests transfer according to his will; if he leaves no will, his interests are divided in accordance with the Intestate Estates Act. |
| When it comes to joint tenancy, the agreement can be disrupted by converting each joint tenant's ownership structure to a tenancy in common. | If one or more co-owners buy out the others, or if a partition action is initiated, the tenancy in common may be terminated. |
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What's the Difference Between Joint Tenants and Tenants in Common?
Shilpa
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2024-04-18T11:59:45+00:00 2024-04-18T11:59:46+00:00Comment
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