Which type of co-ownership is presumed in Delaware unless explicitly stated otherwise in the conveyance?

In Delaware, the default form of co-ownership is tenancy in common unless the conveyance specifically indicates a different arrangement. This presumption is significant because it reflects the understanding that without a clear intent to create a joint tenancy or another form of ownership, the default right to possess and use the property is equally shared among co-owners, but without the right of survivorship, which is characteristic of joint tenancy.

Tenancy in common allows each co-tenant to have distinct, undivided interests in the property, and these interests can be conveyed or bequeathed independent of one another. This arrangement serves as a crucial option for parties who wish to have a flexible ownership structure, making it particularly suited for business partners, friends, or family members who want to maintain separate ownership rights.

In contrast, joint tenancy includes a right of survivorship, meaning that upon the death of one tenant, their share automatically transfers to the surviving co-tenants. This can lead to complexities if not specifically chosen and clearly stated in the conveyance. Tenancy by the entirety, which is available only to married couples, also includes survivorship rights but is based on the unity of marriage. Community property is a different legal structure primarily recognized in certain states, allowing for equal