The distinction between joint tenancy and tenancy in common is often addressed at the time of acquisition and rarely revisited. Property ownership between spouses or partners is not often given due consideration until the relationship breaks down.
Upon separation between owners, the legal characterization of title can become pivotal. The legal distinction between holding property as a joint tenant or a tenant in common can impact each parties respective interests upon separation, leading to further complications depending on how title is held.
The Legal Framework: Joint Tenancy or Tenancy in Common
In joint tenancy, co-owners hold an undivided interest in the whole of the property, subject to the right of survivorship. Upon the death of one joint tenant, their interest passes automatically to the surviving joint tenant(s), outside of the estate.
