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The Difference Between Joint Tenants & Tenants in Common

The Difference Between Joint Tenants & Tenants in Common

joint-tenants-vs-tenants-in-common

Home buying is not an easy affair. There can be implications when more than one buyer is involved and you have to choose between joint tenants and tenants in common. When two or more people own a home, either as a joint tenant or tenants in common, or a combination of both, each of the individuals own particular share of interest in the property. While joint tenants have a lot of similarities to tenants in common, especially with regard to their right of possession to a given property but also how land will be held in the event of the death of a co-proprietor. Scroll down to know more–

What is tenants in common?
With tenants in common each proprietor can own equal or unequal shares in a property. Take for instance, there are three owners; owner A, owner B and owner C to deal with. Both owner A and owner B owns 25% of the property, whereas owner C has 50% ownership. There are lots of different variations to tenants in common which can be tailored to suit your individual needs.

What is joint tenancy?
Two or more Joint tenants hold an undivided equal share of property. The terms of joint tenancy or tenancy in common or even a combination of both are depicted on the title deed.

So what is the difference?
Wondering what could be the difference between these two kinds of shared ownership?

The main difference between the ownerships is what happens to the property when one of the owners passes away. When a property is owned by the joint tenants, the interest of a deceased owner will be automatically transferred to the remaining owners. For an example, if three joint tenants own a property and one of them passes away, then the remaining two will become joint tenants owning one-half share of the property. Well, it is known as the right of survivorship.

Tenants in common don’t have the rights of survivorship. The Will of a deceased proprietor ensures his/ her interest in the property will be distributed and then transferred, according to the Will, to the Executor and/or beneficiaries of the Will.   Probate must first be obtained on behalf of the deceased proprietor.

If the above-mentioned information is not enough, you can contact Waterways Conveyancing, an experienced and a reputed real estate settlement agency, to get all your queries answered.

  • 15 Dec 2016
  • waterwaysconveyancing
  • Post Tags:
  • joint tenants
  • real estate settlement company
  • settlement agency in WA
  • settlement companies in South Perth
  • tenants in common
  • Posted In:
  • Property Settlement
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1 comment
  • Jacob Jones
    27 Jan 2017 at 11:00 am
    REPLY

    Kudos to the team WaterWays Conveyancing for offering us the best services regarding the residential tenancy in Perth.

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Specialising in real estate conveyancing and settlements, the business has grown to become the largest independent settlement agency in WA’s Peel Region.

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