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The most common forms of co-ownership include: Tenancy in common is used when property is held by two or more persons and, upon death, each owner's interest passes to his heirs or devisees.
One of the critical differences between a tenancy in common and a joint tenancy is that a joint tenancy has survivorship rights, but a tenancy in common does not. When one tenant in common dies, his or her interest passes to heirs. In contrast, if a joint tenant dies, the interest passes to the other joint tenants.
A joint tenancy creates a right of survivorship, which means that if one party dies, their interest is automatically transferred to the surviving tenant(s). Joint tenancy is different from a tenancy in common, where a deceased tenant's share is passed on to their heirs.
The right of survivorship in a joint tenancy with right of survivorship provides that one owner's interest in the joint property can be willed or passed to his or her heirs at death. The survivorship feature of a joint tenancy with right of survivorship can never be terminated by the parties.
Either of the individuals may also convey their interest without the consent of the other, thereby breaking the ?joint? tenancy.
When joint tenants have right of survivorship, it means that the property shares of one co-tenant are transferred directly to the surviving co-tenant (or co-tenants) upon their death. While ownership of the property is shared equally in life, the living owners gain total ownership of any deceased co-owners' shares.
Joint Tenants ? When one joint tenant dies, the surviving joint tenant automatically owns the entire property. This is said to be a ?right of survivorship.? A deed to two or more people must specify that they hold the property ?as joint tenants? to create a joint tenancy.
In Massachusetts, a tenancy by the entirety also has a right of survivorship, but this form of joint ownership is only permitted for married couples. It is treated quite similarly to a joint tenancy with a right of survivorship. If your spouse dies, your interest automatically transfers to you.