What happens to a property in a joint tenancy if one owner decides to sell their share?

In a joint tenancy, the key characteristic is the right of survivorship, which means that when one owner passes away, their share automatically transfers to the surviving joint tenants. However, if one joint tenant decides to sell their share, the dynamics of the ownership change.

When a joint tenant sells their interest in the property, the buyer does not join the existing joint tenancy. Instead, the new owner becomes a tenant in common with the remaining joint tenants. This means that the original ownership structure of joint tenancy is severed because a joint tenancy requires all owners to have equal shares and the right of survivorship. In contrast, tenants in common do not have the right of survivorship; each owner has a distinct share that they can sell, will, or transfer independently of the other owners.

This understanding of joint tenancy and how it transitions to a tenancy in common upon the sale of a share is crucial for evaluating property ownership and transfer rights.