How does tenancy in common differ from joint tenancy?

Tenancy in common and joint tenancy are both forms of property ownership, but they have distinct characteristics that differentiate them. One major difference is related to how the owners can manage their interests in the property.

In a tenancy in common, each co-owner holds an individual, undivided interest in the property, which can be unequal in size. This means that one co-owner may own a larger percentage of the property than another. Tenants in common have the flexibility to partition the property, meaning they can divide their interests and end the co-ownership relationship, allowing for individual ownership of specific parts of the property. This is a significant feature of tenancy in common that provides a way for co-owners to disengage if they choose to do so.

In contrast, joint tenancy includes a right of survivorship, meaning that when one joint tenant dies, their share automatically passes to the surviving joint tenants. This form of ownership typically requires that all joint tenants own equal shares of the property and have a unified interest. While joint tenants can sell their shares, this often requires the consent of the other joint tenants, depending on the property law governing the arrangement.

Thus, the ability for tenants in common to partition their interests, while joint tenants typically cannot do so without