What distinguishes joint tenancy from tenancy in common?

Joint tenancy is characterized by the right of survivorship, which is a defining feature that sets it apart from tenancy in common. In a joint tenancy, when one co-owner dies, their share of the property automatically passes to the surviving co-owners, rather than being transferred according to the deceased's will or the laws of inheritance. This means that the remaining joint tenants will continue to own the property together, and the property will not go through probate.

In contrast, tenancy in common does not include the right of survivorship. When a co-owner dies in a tenancy in common arrangement, their interest in the property is passed on to their heirs or designated beneficiaries, who may not be co-owners of the property. This fundamental difference influences how property ownership, transfer, and inheritance are handled in the two arrangements.

While equal ownership percentages and undivided interest are features that can exist in both types of ownership, they do not differentiate joint tenancy from tenancy in common. The ability to partition the property is also relevant to both forms of ownership, allowing co-owners to divide their interests, but it does not create a distinction between them. Therefore, the unique aspect of joint tenancy, which is the right of survivorship, is what makes it fundamentally different