There are generally two forms of co-ownership of properties: (1) joint tenancy; and (2) tenancy in common. The difference between the two involves the right of succession. Ms Choi's experience of renting flats has taught her the meanings of joint tenancy and tenancy in common.
The first time she rented a flat from a man and his wife who held the flat in the form of joint tenancy. When the lease was signed, the husband said that since the flat was held in joint tenancy, it would suffice for him to sign the lease alone. Ms Choi did not give it much thought and signed the lease with the man. After she had lived there for some six months, the husband suddenly asked her to terminate the lease because he was divorcing his wife, who wanted to sell the flat. As his wife had not signed the lease or authorized anyone to sign on her behalf, the lease's validity was in question and Ms Choi, to save herself troubles, moved out of the flat.
The second time she rented a flat which had been held by two brothers in the form of tenancy in common. The older brother had died not long before, and Ms Choi thought that the flat had gone entirely to the younger brother, and signed the lease with the younger brother alone. Three months later, someone who claimed to be the personal representative of the deceased brother's estate came to her and said that as he did not sign the lease, the lease was not binding on him. But if she would pay half of the rent to him he would consider letting her stay in the flat. As Ms Choi saw no end to her troubles and for fear of any disputes between the remaining brother and the personal representative of the other, she decided to move out. She moved in and out twice within a single year.
Regardless of the form of co-ownership, where a property is jointly owned, no document relating to the property is properly executed unless it is signed by all the owners (personally or by an authorized person). If any of the owners should pass away, the surviving owner may have full authority to dispose of the property under joint tenancy. If it is tenancy in common, the situation is more complicated. In addition to the surviving owner or owners, the personal representative of the deceased owner's estate also has to sign the relevant document to make it binding.
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