Joint tenancy and tenancy in common are forms of co-ownership used in some common-law jurisdictions. The most important difference is usually the right of survivorship. In a joint tenancy, a deceased owner’s interest typically passes automatically to the surviving joint tenant(s). In a tenancy in common, the deceased owner’s share usually passes through their estate.
Property law and the terminology used vary by country.
At a glance
| Point | Joint Tenancy | Tenancy in Common |
|---|---|---|
| Survivorship | Usually yes | Usually no |
| Shares | Often equal under the relevant legal structure | Can commonly be unequal |
| Death of owner | Interest passes to surviving joint tenant(s) | Share passes under will/intestacy, subject to law |
| Transfer | A transfer may sever joint tenancy depending on law | Owner can usually transfer own share |
| Estate planning | Survivorship can override a will for that asset | Share generally enters estate |
Joint Tenancy
A form of co-ownership in which co-owners hold the property jointly and a right of survivorship commonly applies.
Tenancy in Common
Co-ownership in which each owner holds a distinct undivided share that can usually be transferred or inherited separately.
Undivided does not mean physically divided rooms
Both forms can give each co-owner rights in the whole property rather than a particular bedroom or strip of land. The percentage share is a legal interest, not necessarily a physical partition.
Severance
In many jurisdictions, a joint tenancy can be severed by certain actions, converting the relevant interest into a tenancy in common. The rules and notice requirements are technical and vary.
Mortgages and disputes
Co-ownership affects financing, sale and succession. Disputes can arise when one owner wants to sell and another does not, or when contributions to deposits and expenses differ from legal shares.
Written co-ownership agreements can address costs, occupation, sale procedures and dispute resolution.
Important note
Co-ownership law is jurisdiction-specific. Check the registered title and obtain local legal advice before changing ownership.
Frequently asked questions
Can tenants in common own 70/30?
In many jurisdictions yes.
Does a will control a joint-tenant share?
Usually survivorship operates outside the will, but local law and title must be checked.
Can married couples use either form?
Depending on jurisdiction and marital-property law, yes, but additional ownership regimes may apply.
Can joint tenancy be changed later?
Often yes through severance or transfer procedures, subject to local law.
Sources and further reading
KnowDifferences Editorial Team
Independent explanations with definitions, practical examples and references. Read our editorial approach.