Deeds 101: Joint Tenancy, Tenants in Common, & More

When buying property in Pennsylvania, the way your deed is titled matters more than you might think. The form of ownership you choose impacts your rights, responsibilities, and what happens to the property if one owner passes away. Understanding common types of ownership—like Joint Tenancy and Tenants in Common—can help you make informed decisions and avoid legal complications down the road.

Joint Tenancy with Right of Survivorship

Joint Tenancy is one of the most common forms of co-ownership. In this arrangement, two or more people own the property equally. One key feature is the Right of Survivorship, meaning if one owner dies, their share automatically transfers to the surviving owner(s) without going through probate.

This option is popular among married couples because of the simplicity it provides during life transitions. However, it also means you can’t leave your share to someone else in a will—ownership passes by law, not by choice.

Tenants in Common

Tenants in Common is a more flexible form of co-ownership. Here, each owner can hold a different percentage of the property, and there’s no Right of Survivorship. When one owner passes away, their share becomes part of their estate and can be left to heirs.

This structure is often used by friends, business partners, or family members who contribute unequally to the purchase. It provides more individual control, but also requires careful planning, especially regarding estate matters.

Tenancy by the Entirety

Exclusive to married couples in Pennsylvania, Tenancy by the Entirety provides each spouse with an equal and undivided interest in the property. It offers extra protection from creditors—neither spouse can sell or encumber the property without the other’s consent, and most individual debts can’t force a sale.

This is the default form of ownership for married couples unless otherwise specified.

Why It Matters

Choosing the right form of ownership isn’t just a legal formality—it affects estate planning, taxes, liability, and control over the property.