Have you ever bought property with someone else? If so, you’ve likely come across the terms Joint Tenants and Tenants in Common. At first glance, the titles sound like legal twins — but the truth is, they couldn’t be more different when it comes to the world of real estate. Of course, mixing these can lead to major issues down the line, especially when it comes to inheritance, ownership rights, and what happens when someone passes away. So today, we’re clearing up the confusion once and for all!

Keep reading to learn the main differences between Joint Tenants and Tenants in Common — and what they could mean for you.

What Does Tenants in Common Mean?

When people hold property as Tenants in Common, they each own a separate share of the property. That share can be equal or unequal — it’s flexible. Want to split it 60/40? No problem. The key detail here is independence. Each co-owner can sell, gift, or will their share to someone else without needing permission from the others.

Bottom line? When one owner dies, their share doesn’t automatically go to the other owners. It passes to their heirs or whoever is named in their will.

Do you have more questions about buying a home in DC? Here are a few more posts you might find helpful:

• Should You Get a Home Inspection on a New Build? 
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• How Long Does it Take to Buy a House?

What Does Joint Tenants Mean?

On the other hand, Joint Tenants is a completely different ballgame. The key word here is unity: Joint tenants own the property equally, meaning there’s no such thing as “your half” or “my quarter.” On that note, if one joint tenant passes away, their share automatically goes to the surviving owners. This is called the right of survivorship.

This setup is often used by married couples or people in long-term partnerships who want the property to go directly to the other without getting the courts involved first.

The Biggest Misconception?

People often assume that co-owning property means you’re automatically Joint Tenants — but that’s not necessarily the case. In fact, if your deed doesn’t specifically say Joint Tenants with Right of Survivorship, you’re likely Tenants in Common by default. And the truth is, that can make a world of difference when estate planning or resolving disputes.

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Why It Matters

Whether you’re buying with a spouse, a friend, a sibling, or a business partner, how you hold title matters. Choosing between Joint Tenants and Tenants in Common isn’t just a legal technicality — it determines what happens to your property down the line. So next time you’re signing a deed, don’t gloss over the fine print. Ask the big question: What does Joint Tenants mean — and is that what we really want?

Need help sorting out which status is right for your unique situation? Get in touch with our today today — we can ensure your property is protected and help you avoid costly mistakes along the way. Get in touch today by filling out the form on this page, calling us at 202.280.2060, or emailing us at jsmira@jennsmira.com.