In tenancy-in-common, two or more persons each have an undivided fractional interest in the whole property for the duration of the tenancy. These interests are not necessarily equal; e.g., two tenants-in-common do not necessarily each own half of the property. One owner may sell, transfer or otherwise dispose of their share of the property without permission of the other owner(s) but cannot take these actions with respect to the entire property.

When a tenant-in-common dies, the surviving tenant(s) has no automatic survivorship rights to the deceased's ownership interest in the property. Upon a tenant's death, the deceased's interest passes to their estate or heirs.

Three siblings own property as tenants-in- common. The youngest and middle sibling each owns an undivided one-fourth interest in the property while the oldest sibling owns the remaining one-half interest. If the oldest sibling were to sell their half interest, the buyer would become a tenant-in-common with the youngest and middle sibling. If the buyer were then to die so that the half interest of the property passed to the buyer's four heirs, each of the heirs would own a one-eighth interest as tenants-in-common with the youngest and middle sibling, who would each continue to own a one-fourth interest.

In joint tenancy, each of two or more persons has one and the same undivided ownership interest and possession of the whole property for the duration of the tenancy. In effect, each owner owns all of the property.

Upon the death of one of only two joint tenants, the survivor becomes sole owner. On the death of one of three or more joint tenants, the survivors become joint tenants of the entire interest.

In most States, it is possible for joint tenants to take action during their lifetimes to convert the joint tenancy to a tenancy-in-common, see SI 01110.510C.1.

A tenancy by the entirety can exist only between the members of a married couple. The spouses as a unit own the entire property which can be sold only with the consent of both parties. However, if a marriage has been legally dissolved, the former spouses become tenants-in- common and one can sell their share without the consent of the other.

Upon the death of one tenant by the entirety, the survivor takes the whole.

An SSI beneficiary and spouse share ownership of a home in a tenancy by the entirety. The SSI beneficiary leaves the home on 3/20 and begins residing in a shelter for victims of domestic abuse. On 3/29, the CR obtains a statement either signed or recorded on a Report of Contact from the spouse verifying that will not grant permission to sell the home. Effective 4/1, the home will remain excluded from resource counting regardless of whether the undue hardship provisions apply. Since the SSI beneficiary does not have legal right to liquidate the home it would qualify as an asset that is not a resource. For further information regarding assets that are not resources, see SI 01110.115.