Joint Ownership of Real Estate in Massachusetts

There are three types of joint ownership of real estate in Massachusetts: tenants in common, joint tenants and tenants by the entirety.

Tenants in common is undivided ownership in real property by two or more persons with no right of survivorship between the co-owners.  Thus, when one tenant in common dies, his interest in the property becomes part of his probate estate.  Tenants in common are said to have an “undivided” interest in property since each can possess the whole subject to the co-tenant’s right to possess the same property. A conveyance to two or more persons “as tenants in common” creates tenants in common. Also, a conveyance to two or more persons that does not specify the type of tenancy creates tenants in common.

Joint tenants is undivided ownership in real property by two or more persons with a right of survivorship between the co-owners. When one joint tenant dies, the surviving joint tenants automatically becomes the sole owner of the property. The survivor does not inherit the portion owned by the decedent, rather the decedent’s passing terminates his interest in the property, leaving the survivor as the sole owner. Joint tenants are said to have an “undivided” interest in property since each can possess the whole subject to the co-tenant’s right to possess the same property. A conveyance to two or more persons “as joint tenants” creates a joint tenancy.

Tenants by the entirety is a type of joint ownership limited to married couples whereby each owns the entire property.  Upon the death of one, the decedent’s interest in the property is removed and the survivor automatically owns the entire estate.  Upon a divorce or annulment, the property is held by the former spouses as tenants in common.  This type of ownership also provides protection from creditors: “The interest of a debtor spouse in property held as tenants by the entirety shall not be subject to seizure or execution by a creditor of such debtor spouse so long as such property is the principal residence of the nondebtor spouse.” M.G.L. c.209, s.1.  A conveyance to two or more persons “as tenants by the entirety” creates a tenancy by the entirety. However, if the two people are not married at the time of the conveyance, a tenancy in common is created despite the “tenants by the entirety” language.