Which statement correctly distinguishes tenancy in common from joint tenancy?

Which statement correctly distinguishes tenancy in common from joint tenancy?

• A. Tenancy in common has no right of survivorship; joint tenancy has survivorship.
• B. Tenancy in common requires unity of time, title, interest, and possession; joint tenancy does not.
• C. Tenancy in common requires unity of time only; joint tenancy requires all four.
• D. Tenancy in common is automatically joint ownership; joint tenancy is not.

Answer: (A)

The main distinction here is the survivorship feature and how ownership shares can be held. In a joint tenancy, the four unities—time, title, interest, and possession—must be present, so all owners acquire their interest at the same time, by the same instrument, with equal shares, and they all have the right to possess the whole property. Because of those unities, there is a right of survivorship: when one owner dies, the surviving co-owners automatically receive the deceased owner’s share. Tenancy in common, on the other hand, has no right of survivorship. Co-owners can hold different-sized interests, can acquire their shares at different times, and may use different instruments. When an owner dies, their interest passes to heirs or as directed by a will, not automatically to the other co-owners. So the statement that tenancy in common has no right of survivorship and joint tenancy has survivorship correctly distinguishes the two. The other descriptions mix up which form requires the unities or incorrectly describe automatic joint ownership.

The main distinction here is the survivorship feature and how ownership shares can be held. In a joint tenancy, the four unities—time, title, interest, and possession—must be present, so all owners acquire their interest at the same time, by the same instrument, with equal shares, and they all have the right to possess the whole property. Because of those unities, there is a right of survivorship: when one owner dies, the surviving co-owners automatically receive the deceased owner’s share. Tenancy in common, on the other hand, has no right of survivorship. Co-owners can hold different-sized interests, can acquire their shares at different times, and may use different instruments. When an owner dies, their interest passes to heirs or as directed by a will, not automatically to the other co-owners. So the statement that tenancy in common has no right of survivorship and joint tenancy has survivorship correctly distinguishes the two. The other descriptions mix up which form requires the unities or incorrectly describe automatic joint ownership.