What happens to a joint tenancy when one owner decides to sell their share?

When one owner in a joint tenancy decides to sell their share, the joint tenancy typically transforms into a tenancy in common. This transition occurs because joint tenancy includes the right of survivorship, meaning that if one tenant passes away, their share automatically goes to the surviving tenants. However, when a tenant sells their interest, it disrupts the unity of ownership that characterizes joint tenancies, which is necessary for the right of survivorship to remain in effect.

In a tenancy in common, each owner holds an individual share of the property that can be sold, transferred, or inherited independently of the other owners. This structure allows for more flexibility, as each tenant can manage their share without needing agreement from the other co-owners. Hence, the sale by one joint tenant effectively converts the ownership type for that individual's share, leading it to become a tenancy in common for everyone involved, while the remaining tenants still retain their shares as joint tenants among themselves.

This transformation reflects the nature of ownership rights and is an important legal aspect in understanding property management and ownership dynamics in community associations.