Skip to content
English
Contact us
  • There are no suggestions because the search field is empty.

Joint Tenancy vs. Tenancy in Common in Pennsylvania

The survivorship difference every Pennsylvania co-owner should understand before taking title.

What is the difference between joint tenancy and tenancy in common in Pennsylvania?

The key difference is the right of survivorship. In a joint tenancy, when one owner dies their share automatically passes to the surviving co-owners. In a tenancy in common, each owner's share is part of their own estate and passes to their heirs or beneficiaries — not automatically to the other owners.

Tenancy in common

Tenancy in common is the default form of co-ownership in Pennsylvania when two or more people take title together without clear survivorship language. Each co-owner:

  • Owns a distinct, transferable share (which need not be equal);
  • Can sell, mortgage, or leave their share to heirs; and
  • Can force a sale or division through a partition action.

Joint tenancy with right of survivorship

A joint tenancy carries the right of survivorship, so the property ultimately vests in the last surviving owner. In Pennsylvania, a joint tenancy with right of survivorship is generally not presumed — the deed must clearly express the owners' intent to create survivorship rights.

What about married couples? (Tenancy by the entireties)

Married couples in Pennsylvania usually take title as tenants by the entireties — a special form that includes survivorship and shields the property from the individual debts of one spouse. It generally cannot be partitioned while the marriage continues.

Severing a joint tenancy

A joint tenant can usually sever the joint tenancy — for example, by conveying their interest — which converts the ownership into a tenancy in common and ends survivorship for that share. Severance is a frequent issue in co-ownership disputes and estate planning, and it directly affects who can bring or defend a partition action.

Which form is right for you?

The choice affects taxes, creditor exposure, estate planning, and what happens in a dispute. Because a co-owner in either form can seek partition, both the ownership structure and a written co-ownership agreement matter a great deal.

Nochumson P.C. counsels co-owners, investors, and families on how to hold title and structure real estate deals. Contact us to talk through your situation.

Related articles:

Learn more from Nochumson P.C.: