Joint Tenancy and Tenancy in Common (Draft)

Abstract

Joint tenancy and tenancy in common are for all intents and purposes the only means of co-ownership of real or personal property in Western Australia. Joint tenants hold the whole property jointly and nothing separately. Tenants in common, on the other hand, have a distinct share in the property. There are two essential features that distinguish a joint tenancy from a tenancy in common. The first feature is the right of survivorship: upon the death of one joint tenant his interest in the property is extinguished and the interest of the surviving joint tenants is correspondingly enlarged. Upon the death of a tenant in common his interest in the property passes under his will or intestacy. The second feature is the presence of four unities: in order for there to be a joint tenancy there must be unity of title, interest, time and possession. Although the four unities may be present in a tenancy in common, the only unity which is essential is unity of possession