What distinguishes joint tenancy from tenancy in common?

Joint tenancy is characterized by the right of survivorship, which is one of its defining features. In a joint tenancy arrangement, when one joint tenant dies, their interest in the property automatically passes to the surviving joint tenants. This means that the surviving tenants do not need to go through probate or any other legal process to gain full ownership; the property interest simply transfers without needing to be bequeathed in a will.

This contrasts with tenancy in common, where each tenant has a distinct share in the property that can be sold, transferred, or bequeathed independently. Unlike joint tenancy, tenancy in common does not allow for automatic transfer of ownership upon death; instead, a deceased tenant's share is passed on according to their will or the laws of intestacy if no will exists.

The presence of rights of survivorship in joint tenancy promotes a sense of unity among co-owners, whereas tenancy in common allows for individual control over one’s share, which enhances flexibility in estate planning. Understanding the implications of these distinctions is crucial when advising clients on property ownership structures in the context of estate law.