Difference Between Joint Tenancy and Tenancy in Common

1.0 Introduction

When two or more people own a home, either as a joint tenancy 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.

2.0 Tenancy in Common

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.
Joint Tenancy

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.

2.1 Pros and Cons of Tenancy in Common

Buying a home with a family member or business partner may make it easier to enter the real estate market. Dividing deposits, payments, and maintenance make real estate investment less expensive for an individual buyer.


However, when mortgaging property as tenants in common, all borrowers sign and agree to the loan agreement, and in the case of default, the lender may seize the holdings from all tenants. If one or more borrowers stop paying their share of the mortgage loan payment, the other borrowers are still responsible for the full payment of the loan.


Using a will to designate beneficiaries to the property gives a tenant control over their share. However, the remaining tenants may subsequently own the property with someone they do not know or with whom they do not agree. The heir may file a partition action, forcing unwilling tenants to sell or divide the property.

2.1.1 Pros

• Facilitates property purchases
• Number of tenants can change
• Different degrees of ownership possible

2.1.2 Cons

• No automatic survivorship rights
• All tenants equally liable for debt and taxes
• One tenant can force sale of property

3.0 Comparison/Contrast

3.1 Terminating Joint Tenancy vs. Tenancy in Common

A joint tenancy 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.

A tenancy in common can be broken if one of the following occurs:One or more co-tenants buys out the others
The property is sold and the proceeds distributed amongst the owners
A partition action is filed, which allows an heir to sell his or her stake. At this point, former tenants in common can choose to enter into a joint tenancy via written instrument if they so desire.

This type of holding title is most common between husbands and wives and among family members in general since it allows the property to pass to the survivors without going through probate (saving time and money).

3.2 Right of Survivorship

One of the main differences between the two types of shared ownership is what happens to the property when one of the owners dies.

When a property is owned by joint tenants, the interest of a deceased owner gets transferred to the remaining surviving owners. For example, if three joint tenants own a house and one of them dies, the two remaining tenants each obtain a one-half share of the property. This is called the right of survivorship.

Tenants in common have no rights of survivorship. Unless the deceased owner's will or other instrument specifies that their interest in the property is to be divided among the surviving owners, a deceased person's interest belongs to the estate.

4.0 Conclusion 

In a Joint Tenancy, tenants obtain equal shares of a property with the same deed at the same time. With two tenants, each owns 50%. If one party would like to buy out the other, the property must be sold and the proceeds distributed equally.

In Tenancy in Common, the ownership portion passes to the individual's estate at death. In Joint Tenancy, the title of the property passes to the surviving owner.

All you need to Know about Making of a Will

1.0 A will

• Any person can write a will at any time as long as they are of sound mind, above 18 and not been coerced to do so.
• A person, may through his/her will appoint an executor. This is someone named in a will who has the legal responsibility to take care of a deceased person’s remaining financial obligation e.g disposing property, paying bills, taxes, etc.
• Takes effect after death of the maker (testator/testatrix)
• It’s a mere intention of the maker – can be amended but only by the maker during their lifetime.
• Can deal with property acquired after death of maker (ambulatory)


Advantages of Making a Will

• The deceased can exercise control over property
• Avoiding courts from determining who is entitled to property

• Appointing property representatives of choice

• Avoiding disputes over property
• Persons outside family can have property
• The deceased can decide on how he/she can be disposed off

2.0 Invalid Wills
• When the maker of a will lacks knowledge and approval of a will, the will is as if it was not made at all. This is because of;

• Fraud/forgery
• Coercion
• Mistake /duress/undue influence

3.0 Oral Will

• Is valid only if; 

• Made before 2 or more competent witnesses 

• The maker dies within 3 months of making it 

• An oral will made by a member of the armed forces during a period of active service shall be valid if the maker of the will dies during the same period of active service even if he/she dies more than 3 months after making the will. 

• If there is any conflict in evidence of witnesses as to what was said by the deceased in making an oral will, the oral will shall not be valid except if the contents can be proved by a competent independent witness 

4.0 Written Will 

• Must be signed by the maker 

• If signed by somebody other than the maker, then this should be done in the maker’s presence and under his/ her directions 

• Must be witnessed by two or more witnesses. This two witnesses must not be beneficiaries in the will because otherwise there shall be need of an additional two witnesses. 

• If the maker of a will refers to another document in his will, the document shall be considered as part of the will as long as it is verified that it is the exact same document the maker was referring to in his/her will. 

• An executor shall not be disqualified as a witness to prove execution of the will or to prove the validity or invalidity of the will. 

• If a dependant or dependants feel that the deceased’s will does not provide adequately for their needs, they may make an application to the Court. 

• The Court may order a specific share of the property be given to the dependent (s) or periodical payments or a lump sum payment.

• In making its decision the Court will consider: 

• the nature and amount of the deceased’s property 

• any past, present or future income from any source of the dependant 

• the existing and future means and needs of the dependant 

• whether the deceased had given any property during his lifetime to the dependant(s) 

• the conduct of the dependant in relation to the deceased 

• the situation and circumstances of the deceased’s other dependants and the beneficiaries under any will 

• the deceased’s reasons for not making provision for the dependant. 

• “dependant” means 

• the wife or wives, or former wife or wives, and the children of the deceased whether or not maintained by the deceased before his death; 

• the deceased’s parents, step-parents, grand-parents, grandchildren, step-children, children whom the deceased had taken into his family as his own, 

• brothers and sisters, and half-brothers and half-sisters, who were being maintained by the deceased before his death 

• Where the deceased is a woman, her husband if he was being maintained by her before her death. 

5.0 Revocation, Alteration and Revival 

• A will can be revoked, altered and revived only by the maker at the time when he is competent to dispose of his property. 

• Revocation of a will happens when the maker takes some action to indicate that he/she no longer wants the will to be binding. 

• For revocation to be effective, the intent of the maker, whether express or implied, must be clear, and an act of revocation consistent with this intent must take place. 

• Persons who wish to revoke a will may: 

• Use a codicil, which is a document that changes, revokes or amends parts of will or the whole will 

• Make a new will that completely revokes an earlier will 

• May tear, cancel or burn the will 

• A will can be revoked through divorce. If after writing a will, the maker separates, divorces from his/her spouse and enters into a separation agreement in which the 2 settle their property rights, any inheritance or powers made by the will to the former spouse will be revoked unless otherwise stated.

• No alteration made in a written will shall have any effect unless the alteration is signed and confirmed. • Revival of will: A revoked or part of a revoked will can revived by codicil or a new will. To revive by a codicil, the revoked will must be in existence that is, not destroyed. The codicil must show an intention to revive.