Understanding Forms of Tenancy in Real Estate: Who Really Owns What?
- 2 days ago
- 4 min read
When you buy real estate, you’re not just getting a home - you’re entering a legal relationship with the property and (sometimes) with the person or people you’re buying it with. And like any relationship, the details matter.If you’ve ever wondered what terms like Joint Tenancy, Tenancy in Common, or Tenancy by the Entirety actually mean, don’t worry - you’re not alone. Even seasoned homeowners can get tripped up by how ownership is structured. Let’s unpack the most common forms of tenancy in real estate so you can understand who owns what, what happens if someone passes away, and how it all affects your rights.
Tenancy in Common (TIC): The “Roommate” Arrangement
Think of Tenancy in Common as the “we’re together, but keeping our finances separate” version of property ownership.Each person owns a defined share of the property - these shares don’t have to be equal - and each owner can sell, gift, or will their portion independently.
Key Features:
Ownership shares can be unequal (for example, one person owns 60%, another 40%).
Each owner can sell or transfer their share without the others’ consent.
When one owner dies, their share passes according to their will, not automatically to the others.
When It Makes Sense:
This setup is common among business partners, friends buying a vacation home together, or family members investing jointly. It allows flexibility, but it can also get complicated if one person wants out or passes away - so communication (and a good attorney) is key.
Joint Tenancy with Right of Survivorship (JTWROS): The “All for One” Option
Now we’re moving into closer territory - this one’s like being “in it together.” With Joint Tenancy, all owners have equal rights to the entire property, and if one passes away, their share automatically transfers to the surviving owner(s).
Key Features:
Equal ownership shares for all tenants.
Automatic right of survivorship - meaning probate isn’t needed to transfer ownership after death.
All owners must take title at the same time and in the same deed.
When It Makes Sense:
This is often used for couples, close family members, or anyone who wants to ensure the property automatically passes to a surviving owner without legal delay. The downside? You can’t will your share to anyone else, and if relationships sour, dividing the property can get tricky.
Tenancy by the Entirety: The “Married Couple” Club
Exclusive to married couples (and in some states, legally recognized partnerships), Tenancy by the Entirety treats the couple as one legal entity. You both own the whole property together - no divisible shares here.
Key Features:
Available only to married couples (and in some states, registered domestic partners).
Includes the right of survivorship—when one spouse dies, the other automatically owns the entire property.
Provides strong creditor protection: debts of one spouse alone usually can’t touch the home.
When It Makes Sense:
For married couples who want simplicity and protection, this is often the go-to. It keeps the property secure and ensures an effortless transfer of ownership upon death.
Community Property and Community Property with Right of Survivorship
In certain states (like California, Texas, Arizona, and others), couples can take title as Community Property. Each spouse owns a 50% interest in the property. When one spouse dies, their half can be transferred by will - or, with the “Right of Survivorship” add-on, it automatically passes to the surviving spouse.
Key Features:
Equal 50/50 ownership between spouses.
“With Right of Survivorship” avoids probate.
Potential tax advantages when one spouse dies due to a full step-up in basis.
When It Makes Sense:
If you’re in a community property state, this can be a smart way to balance simplicity, control, and tax efficiency. But remember - it only applies in states that follow community property laws.
Sole Ownership: The “It’s All Mine” Option
Sometimes the simplest option is best. Sole Ownership means just what it sounds like: one person holds title to the property in their name alone.
Key Features:
Full control and decision-making power.
The property passes according to your will (or state law if there isn’t one).
No shared ownership headaches - but also no built-in survivorship benefit.
When It Makes Sense:
Perfect for single individuals or anyone buying property independently, whether personally or through a trust or business entity.
Why Forms of Tenancy Matter
Choosing the right form of ownership isn’t just legal fine print - it affects:
Estate planning: Who inherits and how easily that transfer happens.
Taxes: Certain forms can impact estate taxes and capital gains.
Creditor protection: Some forms protect your home if one owner faces legal or financial issues.
Decision-making: Who can sell, refinance, or make changes to the property.
These distinctions can save you from future headaches - or family feuds - so it’s worth taking a little time upfront to understand them.
Real estate may be about location, location, location - but ownership is all about definition, definition, definition. Whether you’re buying your first condo, investing with friends, or purchasing your dream home with a spouse, how you hold title matters more than most people realize.
A quick conversation with your real estate agent (that’s me!), and a qualified attorney or title professional, can help ensure your ownership is structured exactly the way you intend - no surprises later.
If you are considering buying or selling a home in Naples and surrounding areas and you aren’t satisified with average services, you will want to contact Your Naples Real Estate Expert, Renee Hahn, to ensure you get the service, attention and outcomes you deserve.
Renee Hahn, Ranked in the top 0.5% in the Nation
📍Naples, Florida
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