1. Tenants in Common
    1. Characteristics
      1. Separate but undivided interest in the property
      2. Conveyable by deed or will
      3. No survivorship rights between tenants in common
      4. Each tenant in common owns an undivided share of the whole
      5. Default position under Modern Law – in cases of ambiguous transfers it was the presumption
    2. Creation
      1. Creation by will or deed
  2. Joint Tenants
    1. Characteristics
      1. Regarded as a single owner
      2. Each tenant is seised by the share and by the whole
        1. Livery of seisin replaced by the deed
      3. Nothing really passes when a joint tenant dies, because the other joint tenant was seised of the whole even while the other joint tenant lived
      4. Requires the 4 unities (without these it is a tenancy in common):
        1. Time – interest must exist at the same time (beginning and end), any deviation makes a tenancy in common
        2. Title – interest must arise from same transaction, intestate succession can’t create joint tenancy
        3. Interest – all joint tenants have equal undivided shares and interests
        4. Possession – each joint tenant must have a right to possession of the whole, granting of exclusive possession doesn’t destroy the joint tenancy
      5. Default position under Common Law – in cases of ambiguous transfers to more than one person it was the presumption
    2. Creation
      1. Magic Words – “joint tenants with the right of survivorship”
  3. Tenants by the Entireties
    1. Characteristics
      1. Only husbands and wives
      2. 4 unities plus 5th unity of marriage
      3. H + W hold as one person, not equal share like Joint Tenancy
      4. Divorce terminates the 5th unity and the tenancy by the entirety
      5. Only half the states recognize this today
      6. Default position for ambiguous transfer to H+W under Common Law