When purchasing property with another person, one of the most important legal decisions you’ll make is how to hold title. This seemingly simple choice can have significant consequences for your rights, your heirs, and your long-term financial planning. Two common forms of co-ownership are Joint Tenants with Right of Survivorship (JTWROS) and Tenants in Common (TIC), but the differences between them are not always well understood.
If you own property in Georgia (or plan to) understanding the distinctions between these forms of ownership is essential, especially when it comes to estate planning, buying with a partner, or investing in real estate.
The Basics: What Do These Terms Mean?
Joint Tenants with Right of Survivorship (JTWROS): In a JTWROS arrangement, two or more people own property equally and with a built-in right of survivorship. This means that when one owner passes away, their share automatically transfers to the surviving owner(s), outside of probate. All joint tenants must:
- Acquire the property at the same time
- Be listed on the same deed
- Own equal shares in the property
Tenants in Common (TIC): With Tenants in Common, two or more people also share ownership of the property, but the shares don’t have to be equal, and there’s no right of survivorship. When one owner dies, their share passes to their heirs or estate, according to their will or Georgia’s intestate laws.
Each co-owner has the right to:
- Sell or transfer their interest independently
- Leave their share to someone else in a will
- Own unequal shares (e.g., one person owns 70%, the other 30%)
Why These Distinctions Matter
This isn’t just complicated legal language, it affects what happens to your property, who controls it, and how it fits into your broader estate planning strategy. Let’s break down the implications.
1. Survivorship Rights: What Happens When One Owner Dies?
- JTWROS: The surviving co-owner(s) automatically absorb the deceased’s share. There’s no need for probate and no ability to override this through a will.
- TIC: The deceased’s share becomes part of their estate and passes to heirs, as outlined in their will, or by Georgia’s intestate succession laws if no will exists.
Example: If two siblings buy a lake house in North Georgia as JTWROS, and one passes away, the survivor becomes the sole owner, even if the deceased wanted their share to go to a child or spouse. If they held the title as TIC, that same sibling’s share could pass to their heirs.
2. Flexibility in Ownership Shares
- JTWROS: Requires equal ownership. Two owners each hold 50%; three owners each hold 33.3%, and so on.
- TIC: Ownership can be unequal. One party can own 90%, while the other owns just 10%.
This flexibility makes TIC a better fit for investment properties, blended families, or joint purchases where one party contributes more capital.
3. Transfer of Ownership or Sale
- JTWROS: Generally, all owners must agree to sell or transfer the property. A joint tenant can sever the JTWROS by transferring their share to someone else, but that changes the ownership to TIC going forward.
- TIC: Each owner has the right to sell or transfer their share without consent from the others, unless otherwise agreed upon.
This makes TIC riskier if you want to maintain long-term control over who co-owns the property with you.
4. Estate Planning Considerations
The way you hold title should align with your estate planning goals.
- JTWROS is ideal when you want property to transfer automatically to the co-owner—such as a spouse, adult child, or lifelong partner—without going through probate.
- TIC allows for more customization in how your share of the property is handled after your death. You can leave it to children, a trust, or anyone you designate.
Important for Georgia homeowners: Georgia law doesn’t assume survivorship. If you intend to create a JTWROS, your deed must explicitly say so. Otherwise, the default is Tenants in Common.
Common Use Cases
JTWROS is often used when:
- Married couples purchase a home together
- Parents and adult children co-own a home and want automatic survivorship
- Long-term partners want to avoid probate court
- Individuals prioritize simplicity and shared ownership equally
TIC is typically used when:
- Friends or investors buy a rental property together
- Co-owners contribute unequally and want to reflect that in ownership
- Individuals want their share to go to their children or estate
- Siblings inherit a property and decide to keep joint ownership
Can You Convert from One to the Other?
In short, yes, but with the right legal documentation.
- You can convert TIC to JTWROS by executing a new deed where both parties clearly state their intent to hold title as joint tenants with survivorship.
- To go from JTWROS to TIC, one party must transfer their interest (even to themselves) to sever the survivorship.
It’s always smart to consult an experienced real estate attorney before making title changes.
Get Legal Guidance Before You Sign the Deed
How you hold a title is more than a checkbox on a form, it’s a decision with long-term legal and financial consequences. Whether you’re buying property with a spouse, child, friend, or business partner, make sure your deed reflects your goals.
As a real estate attorney serving North Georgia, I regularly assist clients in structuring ownership to protect their assets and support their estate plans. From drafting deeds to coordinating with financial planners, I’m here to help you make informed decisions.
If you’re buying property, inheriting an estate, or reviewing your estate plan, don’t leave this decision to chance.