Property Co-Ownership - Joint Tenancy and Tenancy in Common
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When more than one person buys a property together, there
are two types of ownership: Joint Tenancy and Tenancy in Common.
What is Joint Tenancy? Two or more people own an undivided interest in a property. They are viewed as a single legal owner. When one
joint tenant dies, the entire estate automatically vests in the surviving joint
tenants. The result is that the surviving joint tenants gets the whole of the
estate until there is a sole survivor. Joint tenants can’t leave their interests
to anyone in their wills. However, a joint tenant can sell, mortgage or lease
his/her own interest freely without requiring the consent or knowledge of the
remaining co-owners. Also, a joint tenancy can be terminated
What is Tenancy in Common? In a tenancy in common, each
co-owner holds a separate ownership share in the property. Tenants in common may have different shares in
the property. There is no right of survivorship in a tenancy in common. A tenant
in common may leave his or her interest by will to whomever he or she wishes without
notifying the other tenants.
In modern times, joint tenancy is often used as a tax
planning tool for married people or people in a close relationship. If a document
transfers property to co-owners without saying how they will hold the property,
according to the Property Law Act, co-owners will be presumed to be tenants in
common.
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