When two or more people own real property together, ownership of
that property can take the form of either tenancy in
common or joint tenancy. In the tenancy in
common scenario, two or more people hold title to the real property
in a manner by which each is entitled to occupy the entire property
but each may also dispose of his or her interest independently of
the other. Tenants in common are able to hold different portions of
the property (i.e. it does not have to be equal. If one of the
tenants in common dies, the deceased's interest forms part of
his or her estate upon death, and is subject to probate.
Property held by way of joint tenancy means that each person has
an undivided interest in the land with equal rights to possession
and equal title acquired by the conveyance. A major distinguishing
feature of joint tenancy is that, unlike tenancy in common, the
right of survivorship applies. This means that upon the
death of one joint owner, the land as a whole vests
