What is the main distinction between joint tenancy and tenancy in common?

The primary distinction between joint tenancy and tenancy in common lies in the right of survivorship. In a joint tenancy, when one owner passes away, their interest in the property automatically transfers to the surviving joint tenants. This feature ensures that the remaining owners retain full ownership of the property, avoiding the need for the deceased owner's interest to go through probate.

In contrast, tenants in common do not have this right of survivorship. When one of the co-owners dies, their interest in the property passes according to their will or, if there is no will, according to the laws of intestacy. This means that in a tenancy in common, ownership can be transferred to heirs or others outside of the remaining owners in the event of death, allowing for more flexibility in succession planning.

While the ability to transfer ownership, the number of owners involved, and the length of ownership might differ between the two arrangements, these aspects do not capture the key legal implications and effects of the right of survivorship, making it the most significant distinction.