Property Ownership
Under New York law, joint tenancy differs from tenancy in common primarily in that joint tenancy includes:
AThe right to partition the property
BThe right of survivorship, so a deceased joint tenant's interest passes to the surviving joint tenant(s) rather than through probate✓ Correct
CEqual management rights but unequal ownership shares
DThe requirement of a written agreement between co-owners
Explanation
The key distinguishing feature of joint tenancy (versus tenancy in common) is the right of survivorship: when a joint tenant dies, their interest automatically passes to the surviving joint tenant(s), bypassing probate. In New York, a joint tenancy must be expressly created; the default for co-ownership is tenancy in common.
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