What distinguishes 'joint tenancy' from 'tenancy in common' in Texas?

Joint tenancy and tenancy in common are two distinct forms of property ownership, and the key distinction between them lies in the right of survivorship. In joint tenancy, when one owner dies, their share automatically passes to the surviving owner(s), which is known as the right of survivorship. This feature ensures that the deceased owner’s interest does not become part of their estate or pass to heirs, but rather directly to the remaining joint tenants.

On the other hand, tenancy in common does not provide this right of survivorship. When a tenant in common dies, their share of the property is transferred according to their will, or if there is no will, according to state intestacy laws, which means that the deceased’s interest can be inherited by their heirs, potentially leading to multiple parties owning interests in the property.

This fundamental difference in how ownership is handled upon an owner's death is what clearly distinguishes joint tenancy from tenancy in common in Texas. The other choices do not accurately represent the legal characteristics of these ownership forms. For example, joint tenancy does not specifically require family members to be involved nor does it prohibit unequal shares, as tenancy in common can indeed involve unequal ownership without the right of survivorship.