Which two forms of co-tenancy does West Virginia recognize?

West Virginia recognizes tenancy in common and joint tenancy as the two forms of co-tenancy.

In a tenancy in common, multiple owners hold an undivided interest in a property, meaning that each owner's share can be sold or transferred independently of the others. Importantly, there is no right of survivorship in this arrangement; when one owner passes away, their share goes to their heirs rather than the remaining co-owners.

On the other hand, joint tenancy includes the right of survivorship, which means that if one owner passes away, their interest in the property automatically transfers to the surviving co-owners. This form of co-tenancy requires the four unities: unity of time, title, interest, and possession, where all owners must acquire their interests at the same time, through the same document, with equal interests, and have equal rights to possess the whole property.

Understanding these distinctions between the two forms of co-tenancy is crucial in real estate transactions and property law in West Virginia, especially in matters concerning inheritance and property rights.