This question looks simple but is extremely complicated. If you have access to an academic library, I recommend a book called Megarry & Wade, the Law of Real Property, and especially the first chapter which gives a good overview of the law of property before 1925. Sir Robert Megarry's text is easy to read and authoritative : he was until retirement Vice-Chancellor of the Chancery Division of the High Court. The practical difference is this, at the risk of oversimplification: If several people are joint tenants and one dies, the property accrues to the others and none of it to his heir-at-law. If they are tenants-in-common, each person's share (which need not be an equal share) devolves on his heir at death, either by will or on intestacy. Interests of a tenant in common are also referred to as undivided shares but this phrase is hardly helpful. and is better avoided. The complexity of the law was such that in 1922 Parliament enacted the Law of Property Act 1922, replaced by the Law of Property Act 1925 before it came into force, to effect radical changes in England and Wales with effect from 1 1 1926, amongst which was to abolish (by section 1(6)) the tenancy in common subsisting as a legal estate, though it can still exist and often does as a beneficial interest under a trust. However this is to get into very deep waters, and is of little relevance to the question asked. Needless to say the law of Scotland is and always has been totally different. the 1925 reforms did not apply to Ireland nor, I believe, to the states and territories of Australia : it may be that a book on real property in Victoria may help. This is a very short answer but I hope it helps. Clifford Payton > From: Richard Prankerd <[email protected]> > Date: Sun, 6 Apr 2003 07:57:45 +1000 > To: [email protected] > Subject: [WSX] Tenants in Common > Resent-From: [email protected] > Resent-Date: Sat, 5 Apr 2003 15:00:00 -0700 > > List: > > I am in the process of transcribing a number of 18th century wills > (from the PRO-Online website) and have repeatedly encountered the > following statement: > > "to be divided equally between them share and share alike as Tenants > in Common and not as joint Tenants " > > Can someone please explain to me the difference between "Tenants in > Common" and "joint Tenants". This has been applied in situations > where the number of beneficiaries is anywhere from two to six. > > Many thanks > Richard > Richard J. Prankerd, PhD > Senior Lecturer Phone: INT + (613) 9903-9517 > Victorian College of Pharmacy Fax: INT + (613) 9903-9583 > (A Faculty of Monash University) email: [email protected] > 381 Royal Parade > Parkville VIC 3052 > AUSTRALIA > > Researching: > PRANKERD and variants in Dorset, Somerset, Wilts, Bristol, London, > Hamps and Berks, not to mention Australia > I use Archive CD Books to help with my research > http://www.archivecdbooks.org > > > ==== WESSEX-PLUS Mailing List ==== > To unsubscribe from list send the command "unsubscribe" to: > [email protected] (if in mail mode) or > [email protected] (if in digest mode.) >