Which statement correctly contrasts joint tenancy with tenancy in common?

Which statement correctly contrasts joint tenancy with tenancy in common?

• A. Joint tenancy includes right of survivorship; tenancy in common does not
• B. Tenancy in common includes right of survivorship; joint tenancy does not
• C. Both always have equal ownership shares
• D. Both require all co-owners to agree on transfers

Answer: (A)

The main idea is the right of survivorship. In a joint tenancy, co-owners hold equal, undivided interests plus a right of survivorship, so when one owner dies, the deceased’s share automatically passes to the surviving co-owners, not to the deceased’s heirs. This survivorship feature also helps avoid probate for the deceased owner’s portion and keeps the ownership pool intact among the survivors. Tenancy in common does not have this survivorship right. Each owner has a separate, transferable share that can be unequal, and upon death that share goes to the deceased owner’s estate or heirs rather than to the other co-owners. Because of this fundamental difference in what happens at death and how shares can be held, the statement distinguishing joint tenancy’s survivorship from tenancy in common’s lack of survivorship is the correct contrast. The other ideas don’t fit: ownership shares in joint tenancy are typically equal, whereas tenancy in common can be unequal; and transfers do not require all co-owners to unanimously agree in either arrangement, though severance can affect joint tenancy.

The main idea is the right of survivorship. In a joint tenancy, co-owners hold equal, undivided interests plus a right of survivorship, so when one owner dies, the deceased’s share automatically passes to the surviving co-owners, not to the deceased’s heirs. This survivorship feature also helps avoid probate for the deceased owner’s portion and keeps the ownership pool intact among the survivors.

Tenancy in common does not have this survivorship right. Each owner has a separate, transferable share that can be unequal, and upon death that share goes to the deceased owner’s estate or heirs rather than to the other co-owners. Because of this fundamental difference in what happens at death and how shares can be held, the statement distinguishing joint tenancy’s survivorship from tenancy in common’s lack of survivorship is the correct contrast.

The other ideas don’t fit: ownership shares in joint tenancy are typically equal, whereas tenancy in common can be unequal; and transfers do not require all co-owners to unanimously agree in either arrangement, though severance can affect joint tenancy.