How can you tell if your title is a joint tenants or tenants in common title?

Answer 1

The only way is to read the deed. It will specify how the title is written.

For example, if it says "joint tenants", "jointly" or "tenants by the entirety", or "a married couple", it is joint title. Otherwise, if it simply lists two or more names then there is a presumption that they are are "tenants in common."

Similarly, if title is passed by will, the specific words will determine if title is joint or common, as in "to my surviving children jointly with right of survivorship" or "to my surviving children."

Clarification

In some jurisdictions simply referring to the owners as a married couple will not create a joint tenancy with the right of survivorship. In those states, a tenancy in common is the default tenancy if the tenancy is not specifically created in the deed. Massachusetts is one example. In some states simply reciting joint tenants in a deed does not create a joint tenancy. The words, "with right of survivorship" must be stated clearly. You need to check your state laws regarding creation of a joint tenancy.

Answer 2

You can go to the local land records office and read the deed in the land records. The staff will assist you in finding the deed in the grantee index and you can look for the tenancy right in the granting clause of the deed.