{"id":369065,"date":"2016-04-04T10:47:11","date_gmt":"2016-04-04T15:47:11","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/buying-a-home\/difference-between-joint-tenancy-and-tenancy-in-common.html"},"modified":"2023-09-12T11:16:00","modified_gmt":"2023-09-12T16:16:00","slug":"difference-between-joint-tenancy-and-tenancy-in-common","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/buying-a-home\/difference-between-joint-tenancy-and-tenancy-in-common.html","title":{"rendered":"What’s the Difference Between Joint Tenancy and Tenancy in Common?"},"content":{"rendered":"\n
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What's the Difference Between Joint Tenancy and Tenancy in Common?<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In many instances a home may be owned by more than one person. When two or more people own a home, either as a joint tenancy<\/a> or tenancy in common, each person owns a share of the entire property. This means that specific areas of the house are not owned by one individual, but instead, are shared as a whole. While joint tenants are similar to tenants in common in many ways, particularly with regard to their right of possession to a given property, there are some important differences.<\/p>\r\n

This article covers the basic differences between joint tenants and tenants in common. See Buying a House with Someone<\/a> in FindLaw’s Real Estate Law<\/a> section to learn more.<\/p>\r\n

Tenancy in Common<\/h2>\r\n

While none of the owners may claim a specific area of the property, tenants in common may have unequal shares and different ownership interests. For instance, Tenant A and Tenant B may each own 25% of the home, while Tenant C owns 50%. Tenancies in common also may be obtained at different times, so an individual may get an interest in the property years after one or more other individuals have entered into a tenancy in common ownership.<\/p>\r\n

Joint Tenancy<\/h2>\r\n

Joint tenants, on the other hand, must obtain equal shares of the property with the same deed, at the same time. The terms of either a joint tenancy or tenancy in common are outlined in the deed, title, or other legally binding property ownership document. The default ownership for married couples is joint tenancy in some states, and tenancy in common in others (see Top 10 Reasons for Unmarried Partners to Own Property as Joint Tenants<\/a>).<\/p>\r\n

Terminating Joint Tenancy vs. Tenancy in Common<\/h2>\r\n

A joint tenancy<\/a> can be broken if one of the co-owners transfers or sells his or her interest to another person, thus changing the ownership arrangement to a tenancy in common for all parties.<\/p>\r\n

A tenancy in common can be broken if one of the following occurs:<\/p>\r\n