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New York Real Estate Tenancy Types Explained

by | Jan 26, 2026 | Information for Sellers and Buyers, Information for Real Estate Agents-Brokers

Home ownership and tenancy types in New York State explained by a NYS licensed real estate school

Understanding Property Ownership in New York

New York real estate tenancy types, how a property is titled can matter just as much as who is on the deed. For new and prospective agents, these concepts show up on the exam and at closings. For consumers, they shape what happens during sales, inheritance, divorce, or death.

Big idea

New York commonly describes three tenancy types, but in practice there are four ownership outcomes you should recognize quickly:

  • Tenancy in Common (default when survivorship is not clearly stated)
  • Joint Ownership (no survivorship) (often misunderstood, results like Tenancy in Common)
  • Joint Tenancy with Right of Survivorship (JTWROS) (survivorship must be explicit)
  • Tenancy by the Entirety (married couples only, with survivorship and other protections)
Agent/Exam Tip: If survivorship is not clearly stated in the deed, assume the outcome is Tenancy in Common.
1) Tenancy in Common (TIC)

The most flexible and the default

Tenancy in Common is the default form of co-ownership when the deed does not clearly create survivorship.

  • Two or more owners
  • Ownership shares can be equal or unequal
  • Owners can acquire interests at different times
  • Each owner’s interest passes to their estate/heirs (not the other owners)
Example: Three siblings own a property (50% / 25% / 25%). If one dies, that share goes to their estate, which may introduce new heirs into the ownership.
2) Joint Ownership (No Survivorship)

“We own it jointly” is not a legal guarantee

Many people say they “own jointly,” but without clear survivorship language, the result is that the deceased owner’s share goes to their estate.

  • Two or more owners
  • Survivorship is not automatic
  • Deceased owner’s share passes to their estate/heirs
Common Pitfall: Two friends buy a property expecting the survivor “gets the house.” If survivorship is not clearly stated, that expectation can be wrong, and probate may be required.
3) Joint Tenancy with Right of Survivorship (JTWROS)

Survivorship must be clearly expressed

This is what most consumers think “joint ownership” means. With Right of Survivorship, an owner’s share transfers automatically to the surviving owner(s) when they die.

  • Two or more owners
  • Typically equal shares
  • Survivorship must be explicitly stated
  • The deceased owner’s share transfers outside probate
  • A will generally does not override survivorship
Agent/Exam Tip: Joint tenancy is associated with the “four unities” (time, title, interest, possession), plus survivorship language to create the JTWROS outcome.
4) Tenancy by the Entirety

Marriage creates a special form of ownership

Tenancy by the Entirety is available only to married couples in New York and includes survivorship and added protections.

  • Owners must be legally married at the time of transfer
  • Includes Right of Survivorship
  • One spouse generally cannot sell or encumber the property without the other
  • Often provides stronger protection from individual creditors
Important for engaged couples: If you are not legally married before the deed transfers at closing, you generally cannot take title as Tenancy by the Entirety at that closing. Marriage later does not automatically convert the ownership. Changing to Tenancy by the Entirety later typically requires a new deed and attorney/title guidance.
Quick comparison
Ownership outcome Survivorship? Goes to estate? Equal shares required? Marriage required?
Tenancy in Common No Yes No No
Joint Ownership (No Survivorship) No Yes Maybe No
JTWROS Yes No Typically yes No
Tenancy by the Entirety Yes No Yes Yes
Why this matters: Misunderstanding tenancy can lead to probate delays, unexpected heirs, failed closings, estate disputes, and avoidable title issues. The deed language drives the outcome.
Disclaimer

Not legal advice: This article is for general educational purposes only. We are not attorneys and do not provide legal advice. Laws and interpretations can change, and individual circumstances vary. If you have questions about how a deed is titled or what ownership type is best for you, please consult your attorney or a qualified real estate legal professional.

About the Author:
Robert Smith — NYS Licensed Real Estate Broker; NYS Licensed Real Estate Instructor (CDEI); 40 years’ experience in the real estate industry; served over a decade as Chair of the Town of Cicero Planning Board.
Robert and Cindy Smith own and operate the Professional Career Center, a NYS Licensed Real Estate School in Syracuse, New York.
Questions? bob@pccsyr.com

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