Joint Tenants vs. Tenants in Common
- charlotte4681
- May 29
- 3 min read
How you hold title matters.
By Attorney Caleb J. Kleiman, May 28, 2025
How title to real estate is held between co-owners dictates each owners rights in the property. Whether you are purchasing property with someone or passing it down to two or more your children, how the title is held between the parties will dictate your ownership rights in the property.
Although there are numerous ways that title can be held by co-owners, this article will discuss the two (2) most common forms of joint ownership which is either as joint tenants or tenants in common. Each party’s utilization rights are typically the same under either form of co-ownership, however, the rights of each party upon the death of another party greatly differ.
Joint Tenants
When co-owners hold title to real estate as joint tenants, the parties own their respective interest subject to rights of survivorship. That means that when one of the party’s passes away, their interest automatically passes to the remaining co-owners in equal shares. For example, if you own real estate with your brother and sister as joint tenants and are the first to pass, your interest in the property automatically passes in equal shares to your brother and sister. They would then each own an undivided one-half interest in the real estate.
One of the advantages of holding title this way as joint tenants is that your interest automatically passes to the other co-owners and avoids probate once you pass. This helps if the goal is the “keep the property in the family.” The remaining co-owners simply need to file a Termination of Decedent’s Interest (HT-110) with the Register of Deeds if the real estate is located in Wisconsin, or file your death certificate with the Register of Deeds if the real estate is located in Michigan.
A major disadvantage is that you are not freely able to pass your interest in the property to your children, or others to whom you may wish the property to pass - unless you happen to be the last living joint tenant and own the whole of the property outright. This means that your children could potentially be cut out of ownership in the property if you pass before any of the other co-owners.
Tenants in Common
When co-owners of real estate hold title as tenants in common, each party owns an undivided interest in the property. In this form of co-ownership each co-owner can sell or gift their undivided interest as they please - all without consent of, or notice to, the other co-owners. Such transfer can be done by sale, gift or upon your death through administration of your Will or trust.
When you transfer your interest as a tenant in common, whoever you transfer your interest to becomes a co-owner with the remaining co-owners. Although fairly uncommon, but possible, you could end up owning real estate with someone you do not know or do not care for.
As described in this article, there are many ways to hold title [with some even being unique to the state where the real estate is located] with each ownership type imposing differing rights and obligations on the co-owners. If you are buying or selling real estate, negotiating an easement, or looking to transfer property to a family member, Kleiman & Wolfe, S.C. has the experience and knowledge to assist you in preparing all the necessary documents to ensure that your intentions are met both presently and at the time of your death.
For any inquiries, please contact:
Kleiman & Wolfe, S.C.
Attorney Caleb J. Kleiman
715-735-7797
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