Which statement about joint tenancy, tenancy in common, and tenancy by the entireties is true?

Which statement about joint tenancy, tenancy in common, and tenancy by the entireties is true?

• A. All include the right of survivorship
• B. Tenancy in common requires four unities
• C. Joint tenancy and tenancy by the entireties include right of survivorship
• D. Tenancy by the entireties does not require a married couple

Answer: (C)

Survivorship is the key idea here: some forms of co-ownership pass a deceased owner’s interest to the other owners automatically, while others do not. Joint tenancy and tenancy by the entireties both include the right of survivorship. In joint tenancy, all owners hold an equal, undivided interest, and when one owner dies, their share goes to the surviving owners rather than to heirs. This requires the four unities—time, title, interest, and possession—to be present, which ensures the survivorship feature. Tenancy by the entireties also provides survivorship, but it’s restricted to married couples (in many jurisdictions, including Kentucky). Property held this way passes to the surviving spouse automatically upon death. Tenancy in common, on the other hand, does not include survivorship. Owners can hold different, even unequal, shares, and when someone dies, their share passes to their heirs or beneficiaries rather than to the other co-owners. Because the statement that joint tenancy and tenancy by the entireties include the right of survivorship accurately captures survivorship for both forms, it’s the true option.

Survivorship is the key idea here: some forms of co-ownership pass a deceased owner’s interest to the other owners automatically, while others do not.

Joint tenancy and tenancy by the entireties both include the right of survivorship. In joint tenancy, all owners hold an equal, undivided interest, and when one owner dies, their share goes to the surviving owners rather than to heirs. This requires the four unities—time, title, interest, and possession—to be present, which ensures the survivorship feature.

Tenancy by the entireties also provides survivorship, but it’s restricted to married couples (in many jurisdictions, including Kentucky). Property held this way passes to the surviving spouse automatically upon death.

Tenancy in common, on the other hand, does not include survivorship. Owners can hold different, even unequal, shares, and when someone dies, their share passes to their heirs or beneficiaries rather than to the other co-owners.

Because the statement that joint tenancy and tenancy by the entireties include the right of survivorship accurately captures survivorship for both forms, it’s the true option.