Which feature distinguishes joint tenancy from tenancy in common?

The distinguishing feature of joint tenancy is the right of survivorship. This legal arrangement allows for the automatic transfer of the deceased owner's interest in the property to the surviving joint tenants, bypassing probate. This means that if one joint tenant dies, their share of the property does not go to their heirs but instead is divided among the surviving joint tenants.

In contrast, tenancy in common does not include this right of survivorship; each owner has a distinct share of the property that can be inherited by their legal heirs upon death. Thus, joint tenancy's right of survivorship is its defining characteristic, setting it apart from other forms of co-ownership like tenancy in common, where such automatic transfer does not occur.

Understanding this concept is crucial for real estate transactions and estate planning, as it influences how property ownership is structured and what happens to an owner's interest in the property posthumously.