What term refers to the process of dividing property in a joint tenancy upon the death of a tenant?

The process referred to in the context of joint tenancy is called survivorship. In a joint tenancy, co-owners have equal shares in the property, and one of the key characteristics of this arrangement is the right of survivorship. When one joint tenant passes away, their interest in the property automatically transfers to the surviving joint tenants, rather than being distributed according to a will or through probate. This unique feature ensures that the property remains intact among the remaining co-owners without the need for legal intervention that would otherwise be required in cases of individual ownership or tenancy in common.

This concept is distinct from other terms associated with property rights, such as partition, which is a legal process to divide a property among co-owners, typically when they can no longer agree on its use. Devise refers to the act of leaving property to someone through a will, while inheritance involves the transfer of property rights according to the law, generally when there is no joint tenancy involved. Understanding survivorship is crucial for real estate professionals, as it impacts estate planning and property transactions among co-owners.