<P> If the parties are unable to agree to a partition, any or all of them may seek the ruling of a court to determine how the land should be divided--physically division between the joint owners (partition in kind), leaving each with ownership of a portion of the property representing their share . Courts may also order a partition by sale in which the property is sold and the proceeds are distributed to the owners . Where local law does not permit physical division, the court must order a partition by sale . </P> <P> Each co-owner is entitled to partition as a matter of right, meaning that the court will order a partition at the request of any of the co-owners . The only exception to this general rule is where the co-owners have agreed, either expressly or impliedly, to waive the right of partition . The right may be waived either permanently, for a specific period of time, or under certain conditions . The court, however, will likely not enforce this waiver because it is a restraint on the alienability of property . </P> <P> A joint tenancy or joint tenancy with right of survivorship (JTROS, JTWROS or JT TEN WROS) is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate . The deceased owner's interest in the property simply evaporates and cannot be inherited by his or her heirs . Under this type of ownership, the last owner living owns all the property, and on his or her death the property will form part of their estate . Unlike a tenancy in common, where co-owners may have unequal interests in a property, joint co-owners have an equal share in the property . </P> <P> It is important to note, however, that creditors' claims against the deceased owner's estate may, under certain circumstances, be satisfied by the portion of ownership previously owned by the deceased, but now owned by the survivor or survivors . In other words, the deceased's liabilities can sometimes remain attached to the property . </P>

Is joint tenancy the same as right of survivorship