Blog Post
What Are the Types of Joint Ownership?
7/20/2025
Before diving into this arrangement, you and your co-owner must understand the different types. Each has rules and implications that can impact how you manage and transfer your property. Below are the two primary forms of joint ownership in California.
Joint Tenancy
Joint tenancy pertains to the type of ownership where two or more persons share equal rights to a property. Each owner holds an undivided interest, which means they collectively own the entire property rather than specific portions.
One key feature is the right of survivorship. When one owner dies, their share would be transferred to the surviving owners, bypassing probate. However, this aspect can lead to complications, especially if there are more than three co-owners.
To prevent misunderstandings, joint tenants should engage in candid discussions about their intentions for the property. Setting clear expectations from the outset can also help mitigate future disputes. Document any agreements reached during these conversations, as it can serve as a reference point if disagreements arise later.
Tenancy In Common
In this arrangement, co-owners can hold different ownership percentages of the property. For example, one individual may own 50%, another has 30%, and a third owns 20%. This setup allows for unequal ownership shares, reflecting the co-owners contributions or agreements.
One of the most significant distinctions of tenancy in common is the absence of the right of survivorship. Upon the co-owner’s death, their share of the property does not automatically go to the surviving co-owners. Instead, it is inherited by their heirs or distributed according to their will through the probate process.
Understanding the types of joint ownership is crucial because each has distinct implications. This is true, especially when managing the property and deciding what happens after one owner dies. With these distinctions in mind, it’s essential to understand how jointly owned property is handled during probate.
What Happens To Jointly-Owned Property In Probate?
When a co-owner passes away, how their share is distributed depends on the form of ownership. In joint tenancy, the right of survivorship allows the property to bypass probate. However, the process is different for properties held in tenancy in common.
When an owner from a tenancy in a common arrangement dies, their share of the property does not automatically transfer to the surviving co-owners. Unlike joint tenancy, this setup lacks the right of survivorship. Instead, the deceased owner’s interest in the property becomes part of their estate and must go through the probate process.
During probate, the deceased owner’s share is distributed per their will or, if no will exists, according to state intestacy laws. This could mean that their heirs inherit the share. The new owners would step into the deceased owner’s position, sharing the property with the surviving co-owners.
To navigate these complexities, wills and probate attorneys in San Diego can provide invaluable guidance. They help ensure that the deceased’s wishes are honored and assist heirs in managing any disputes that may arise.
When dealing with jointly owned property, understanding the probate process in California is crucial. This legal process can be lengthy and complex, especially when multiple parties or heirs are involved. Knowing how it works, the executor or administrator’s timelines, and responsibilities can help ease confusion for the surviving co-owners and heirs.
San Diego Probate Attorneys
San Diego, CA 92101