What is the primary distinction between tenancy in common and joint tenancy?

The primary distinction between tenancy in common and joint tenancy lies in the nature of ownership shares. In a tenancy in common, multiple individuals can own property together, but each owner holds a separate and distinct share of the property that does not have to be equal. This means that one owner could own 50% of the property while the other could own 25%, for example. Each tenant in common can independently transfer their share or will it to their heirs upon death, without the necessity for equal distribution among co-owners.

In contrast, joint tenancy involves a right of survivorship, meaning that when one joint tenant dies, their share is automatically transferred to the surviving co-owners. Joint tenants must hold their interests in the property equally and have equal rights to the whole property, which creates more rigid ownership requirements.

The options referring to survivorship and equal inheritance pertain specifically to the nature of joint tenancy rather than the distinction that tenancy in common brings in terms of flexibility in ownership percentage. The assertion that joint tenancy is never favored in Delaware does not capture the legal principles defining these tenancies. Understanding these nuances clarifies why tenancy in common permits unequal shares, making that feature central to its definition.