Which statement distinguishes tenancy in common from joint tenancy?

Which statement distinguishes tenancy in common from joint tenancy?

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

Answer: (D)

Right of survivorship is the key difference between these forms of co-ownership. In a joint tenancy, owners share with the right of survivorship, so when one owner dies, the deceased’s interest passes automatically to the remaining owners. This arrangement also requires four unities: time, title, interest, and possession, meaning the owners must acquire their interests together, by the same instrument, in equal shares, and have an equal right to possess the whole property. Tenancy in common does not include survivorship; owners can hold unequal shares, may be created at different times, and can have separate titles, with a deceased owner’s share passing to heirs or devisees rather than to the other co-owners. The correct statement captures that tenancy in common has no right of survivorship, while joint tenancy has survivorship and requires the four unities.

Right of survivorship is the key difference between these forms of co-ownership. In a joint tenancy, owners share with the right of survivorship, so when one owner dies, the deceased’s interest passes automatically to the remaining owners. This arrangement also requires four unities: time, title, interest, and possession, meaning the owners must acquire their interests together, by the same instrument, in equal shares, and have an equal right to possess the whole property. Tenancy in common does not include survivorship; owners can hold unequal shares, may be created at different times, and can have separate titles, with a deceased owner’s share passing to heirs or devisees rather than to the other co-owners. The correct statement captures that tenancy in common has no right of survivorship, while joint tenancy has survivorship and requires the four unities.