🔒 Understanding Joint Tenancy vs. Tenancy in Common in Property Law

Law Sessions With Jennifer Housen’s Podcast

Subscriber-only episode

This deep dive into property co-ownership explores the crucial differences between joint tenancy and tenancy in common, with a focus on the process of severance. We clarify the legal complexities and equitable principles that determine how co-owners' property rights are protected and transferred.
• Joint tenancy requires four unities (PITT): Possession, Interest, Time, and Title
• Tenancy in common requires only the unity of possession
• In England, tenancy in common operates only in equity, not at law
• Each tenant in common holds an undivided individual share that can be passed through a will
• Severance converts joint tenancy into tenancy in common
• Methods of severance include written notice, alienation, mutual agreement, mutual conduct, or homicide
• Commercial partners and businesses may automatically be considered tenants in common
• Express declarations of beneficial interests determine share distribution upon severance
💡⚖️ Let’s learn the law together—one session at a time!

Chapters

1. Understanding Joint Tenancy vs. Tenancy in Common in Property Law (00:00:00)

2. Introduction to Tenancy in Common (00:00:10)

3. Unity of Possession Explained (00:01:55)

4. Converting Joint Tenancy to Tenancy in Common (00:03:14)

5. Equitable Severance Methods (00:05:25)

6. Commercial Context and Partnerships (00:08:55)