What distinguishes tenancy in common from joint tenancy?

Tenancy in common is distinguished from joint tenancy primarily by the fact that each tenant can convey their interest in the property independently. This means that a tenant in common can sell, give away, or otherwise dispose of their share of the property without needing the consent of the other tenants. This independent right of disposition allows for greater flexibility and is a defining characteristic of tenancy in common.

In contrast, joint tenancy includes the right of survivorship, meaning that when one joint tenant dies, their share passes automatically to the surviving joint tenants, rather than being passed through a will or to heirs. Additionally, joint tenancy requires that all owners acquire their interests at the same time, which is not a requirement for tenancy in common.

Only married couples cannot be the exclusive holders of joint tenancy, as joint tenancy can be created by any two or more individuals regardless of their marital status. Therefore, the ability for each tenant in common to convey their interest independently is what uniquely defines this type of ownership compared to joint tenancy.