Tenancies in Pennsylvania

Overview

• Tenants in Common -- Yes & presumed
• Joint Tenants -- Yes
• Tenancy by Entireties -- Yes
• Community Property -- No
• Homestead -- No
• Joinder of Non-titled Spouse -- Only if pending divorce

Tenancy by the Entirety

Creation Language

Tenancy by the Entirety is presumed in a deed to a husband and wife. The deed does not have to recite the tenancy, nor must it state that they are married. The law presumes TbE unless the deed states differently.

If the deed states TbE but the parties are not married, case law finds that the intent to create a survivorship exists (394 Pa. 627, Supreme Court of Pennsylvania. John Michael BOVE, Executor of the Last Will and Testament of Michael Bove, Deceased, Appellant, v. Mabel Blanche BOVE. March 16, 1959.) But caution should prevail--if the circumstances demonstrate someone that may contest, be wary.

Joint Tenancy with Right of Survivorship

Creation Language

"Joint tenants" alone does not create survivorship. The deed must state "joint tenants with right of survivorship." Without the survivorship language, title passes as tenants in common.

68 P.S. § 110 § 110. Lands held by joint tenancy to descend as estates of tenants in common

If partition be not made between joint tenants, whether they be such as might have been compelled to make partition or not, or of whatever kind the estates or thing holden or possessed be, the parts of those who die first shall not accrue to the survivors, but shall descend or pass by devise, and shall be subject to debts, charges, curtesy or dower, or transmissible to executors or administrators, and be considered to every other intent and purpose in the same manner as if such deceased joint tenants had been tenants in common: Provided always, That nothing in this act shall be taken to affect any trust estate.

§ 6:5. Presumption against survivorship

While, at common law, joint tenancies were favored, and the doctrine of survivorship was a recognized incident to a joint estate, the statute providing that lands held by joint tenancy are to descend as estates of tenants in common abolishes survivorship as an incident of joint tenancy, although it does not prevent the creation of the right of survivorship. Thus, joint tenancy with a right of survivorship is a legitimate and permissible means by which individuals may hold title. The presumption now, however, is that all tenants, who are not husband and wife or trustees, hold jointly as tenants in common, unless a clear intention to the contrary is shown.

Tenancy in Common

In absence of any stated tenancy, the law presumes tenants in common. If a joint tenancy deed does not include survivorship language, then presume tenants in common.

Cross-References

• Pennsylvania
• Tenancies