Tenancy Types in New Hampshire
When two or more people buy real estate together, they enter an agreement called a tenancy agreement. The tenancy status dictates what will happen when one owner passes away. There are two types of tenancy in New Hampshire and each comes with different rights and requirements.
Joint Tenancy with Right of Survivorship
Tenancy in Common
Joint Tenancy with Right of Survivorship is a tenancy in which the interest of a co-owned property passes on to the
remaining owner(s) in the event of an owner death. In this type of tenancy, if an owner dies, his/her interest in the
property essentially dies with him/her and the property interest is given to the remaining owner(s) without requiring
probate of the deceased owner’s estate.
Joint tenancy with right of survivorship tenancy is common for the ownership of a home between a married couple, a
parent and child or a similar situation in which both parties want for the interest of the property to stay with the immediate
owners in the event of a death.
Tenancy in Common is the term used to refer to two or more people who purchase a property and own separate and
distinct shares of the property. The amount of property owned by each individual may differ in size based on the amount
of down payment provided by each tenant to purchase the property.
Tenancy in common ownership does not provide a right to survivorship, which means that if an owner dies, title to the
property does not automatically vest in the other owner(s). Instead, the deceased owner’s property interest would be
owned by his/her estate, and would pass according to the terms of the deceased owner’s will or, in the case of no will, the
Illustrations of Tenancy Options
If Mary and Robert owned property as joint tenants with rights of survivorship, immediately upon Robert’s death,
Mary would own the entire property without having to pursue any legal, probate or other action. It would not even be
necessary to redraft the deed. At the time Mary sells the property, it will be necessary to record a certified Death
Certificate for Robert at the Registry of Deeds.
If Jane and Sam owned property as tenants in common, their ownership interest could be divided either 50/50, 90/10,
70/30 or any other fractional interest that they may desire. If Sam died, his fractional interest would pass to his estate (and
not to Jane) and Sam’s heirs would inherit his portion of the property.
Before determining which type of tenancy is best for you, consult a real estate or estate planning attorney to review your
This Blog Post was co-authored by Attorneys Martha L. Prizio and Jacqueline M. Hudkins
Hudkins Law was founded in 2006 by Jacqueline M. Hudkins. The firm provides title and settlement services for residential and
commercial real estate transactions. Each real estate transaction is managed by a team of Attorneys and Paralegals to guarantee
continuous coverage throughout the entire closing process and combines the expertise of Real Estate, Title, Trust, Estate Planning
and Corporate Attorneys. The firm employs ten Attorneys and ten paralegals and maintains offices in Concord NH, Hampton NH,
Windham NH, New London NH, Keene, NH, Norwich VT, & Andover, MA.