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Joint Tenancy vs.Tenancy in Common

Written by: Mary-Anne Bowring 02/09/2020
  688       0
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Ownership Structure

  • Joint Tenancy: Each owner holds an equal share in the entire property.
  • Tenancy in Common: Each owner can hold different shares (e.g., 60-40 or 70-30).

Right of Survivorship

  • Joint Tenancy: When one owner dies, their share automatically passes to the surviving owner(s).
  • Tenancy in Common: An owner’s share does not automatically pass to the others—it is inherited according to their will

Transfer of Ownership

  • Joint Tenancy: Owners must agree to sell or transfer ownership together.
  • Tenancy in Common: Owners can sell or transfer their individual share without the consent of the other owners.

Number of Owners

  • Joint Tenancy: Up to four owners can be on the title at the same time.
  • Tenancy in Common: No limit on the number of owners.

Financial Contributions

  • Joint Tenancy: Contributions do not have to be equal, but ownership shares must be equal.
  • Tenancy in Common: Owners can contribute unequal amounts and own shares that reflect their contributions.

Estate Planning & Inheritance

  • Joint Tenancy: Property cannot be left to heirs via a will; it always transfers to the surviving owner(s).
  • Tenancy in Common: Each owner can pass their share to heirs in their will.



property law property litigation real estate law commercial property law conveyancing law residential property law property legal advice land law UK freehold law property right law property contracts
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