Forms of Cotenancy

American property recognizes three different forms of shared ownership: the tenancy in common, the joint tenancy, and the tenancy by the entireties. When property is transferred either by deed or by inheritance to more than one owner, the result will be one of the three types of shared ownership, depending on the language used in the deed or will. When a property owner dies without a will, their real property passes to their heirs at law as tenants in common.

A deed or will may use specific wording to establish the grantor’s intent to create either a tenancy in common or a joint tenancy. The typical language used to create a joint tenancy is “to A and B as joint tenants with right of survivorship.”A conveyance “to A and B as tenants in common” creates a tenancy in common.When the conveying language is not clear courts will presume an intent to create a tenancy in common.

A tenancy by the entireties is a form of shared ownership limited to married spouses. It is created by language such as “to A and B as husband and wife” or “to A and B as tenants by the entireties.”If the grantees are not married the attempt to create a tenancy by the entireties will usually be interpreted as creating a joint tenancy with right of survivorship.

When one co-owner in a joint tenancy dies, their share goes to the other joint tenants. When one co-owner in a tenancy in common dies the share of the deceased co-owner goes to their heirs, who become tenants in common with the remaining co-owners. When a spouse in a tenancy by the entireties dies, the other spouse becomes sole owner. 

If a joint tenant conveys their property interest by deed, the joint tenancy is destroyed, and the grantee and other owners become tenants in common. In most states one spouse may not convey a property interest in a tenancy by the entireties; any deed attempting to do so conveys nothing. A tenant in common may convey their property interest and the grantee then becomes tenant in common with the other co-owners.