Compare and contrast joint tenancy and tenancy by the entirety

In a joint tenancy, property is owned in equal shares by two or more individuals. A characteristic of a joint tenancy is the right of survivorship. An attempt by a single joint tenant to convey separately his or her interest in the property will destroy the joint tenancy and convert it into a tenancy in common. Use of joint tenancy property in a business may also terminate the joint tenancy. A type of co-ownership between husband and wife is called tenancy by the entirety. Like joint tenancy, tenancy by the entirety includes a right of survivorship. Unlike a joint tenancy, neither spouse can convert an individual interest to a third party and thereby terminate the right of survivorship. Not all states recognize tenancy by the entirety. Unlike historic common law, most states that recognize tenancy by the entirety give the husband and wife equal rights to the possession, use, and revenue of the property. The modern view is that divorce converts a tenancy by the entirety to a tenancy in common.

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