Alabama Real Estate Practice Exam

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What distinguishes Tenancy in Common from Joint Tenancy?

Right of survivorship
Equal interest and possession
No right of survivorship
Unities of time and title

The correct answer is: No right of survivorship

Tenancy in Common and Joint Tenancy share the feature of equal interest and possession, so that does not distinguish them from one another. Joint Tenancy is also defined by its 'unities of time and title', which means that everyone became an owner at the same time and must have the same type of interest in the property. This is also shared by Tenancy in Common, so it does not distinguish them. The key difference between the two is the concept of right of survivorship. Right of survivorship means that when one of the owners passes away, their share automatically goes to the surviving owner(s). Tenancy in Common does not have this feature, whereas Joint Tenancy does. Therefore, it can be said that Tenancy in Common differs from Joint Tenancy in terms of the right of survivorship.