Explain the difference between tenancy in common and joint tenancy with right of survivorship.

Explain the difference between tenancy in common and joint tenancy with right of survivorship.

• A. Tenancy in common allows unequal shares and no right of survivorship; joint tenancy requires equal shares and includes right of survivorship
• B. Tenancy in common requires equal shares and right of survivorship; joint tenancy allows unequal shares
• C. Both have right of survivorship and equal shares
• D. Tenancy in common includes right of survivorship; joint tenancy does not

Answer: (A)

The key idea is how ownership shares and survivorship are handled in each form. Tenancy in common lets owners hold different percentages and has no right of survivorship—when a co-owner dies, their interest passes to their heirs or beneficiaries, not to the other co-owners. Joint tenancy with right of survivorship, on the other hand, requires equal shares and includes survivorship: if one owner dies, their portion automatically becomes the property of the surviving co-owners, not their heirs. This combination of equal shares and survivorship is what sets joint tenancy apart.

The key idea is how ownership shares and survivorship are handled in each form. Tenancy in common lets owners hold different percentages and has no right of survivorship—when a co-owner dies, their interest passes to their heirs or beneficiaries, not to the other co-owners. Joint tenancy with right of survivorship, on the other hand, requires equal shares and includes survivorship: if one owner dies, their portion automatically becomes the property of the surviving co-owners, not their heirs. This combination of equal shares and survivorship is what sets joint tenancy apart.