Also known as: estates in common · tenancy in common
Written by attorneys · grounded in primary & secondary sources — see below
A form of concurrent ownership of property in which each co-owner holds an undivided interest that may be transferred or devised independently. Each tenant in common may possess and use the entire property subject to the equal rights of the others. Upon the death of one tenant the interest passes to that tenant's heirs or devisees rather than to the surviving co-owners.
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Eric Espinoza and Emma Erickson purchased a warehouse as tenants in common. They leased bays to third parties and divided the net rents monthly. When a dispute arose over whether their arrangement created a partnership, the court held that mere co-ownership and profit sharing from the property did not establish partnership status.
Elena Estrada and Ezra Eastman held lakefront property as tenants in common. Elena leased her undivided interest to a construction company for equipment storage and collected rent for several years. Upon Elena's death her interest passed to her heirs rather than terminating or accruing to the surviving co-owner.
Eduardo Enriquez and Emanuel Escobar owned a parcel as tenants in common. Eduardo executed a deed conveying an undivided half interest to himself alone to confirm sole ownership of that share and allow disposition by will. The court recognized the conveyance and permitted the interest to pass under the will.
Enigma Technologies and Echelon Security acquired commercial real estate as tenants in common. When one corporate owner dissolved, its fractional interest passed through the corporate estate to its shareholders rather than accruing to the remaining owner.
Empire Logistics and Evergreen Bank held property as tenants in common. A federal tax lien attached to one owner's undivided interest. The government could reach only that owner's share because each tenant's interest constituted separate property under state law.
Two spouses acquired a residence as tenants in common. One spouse incurred separate debt and the creditor sought to attach the property. The court held that the creditor could reach only the debtor spouse's undivided fractional interest.
No. Co-ownership as tenants in common or joint tenants does not by itself establish a partnership even when the owners share profits derived from the property.
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The interest passes to the decedent's heirs or devisees as part of the estate rather than to the surviving co-owners.
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A lease by one tenant binds only that tenant's interest. In a joint tenancy the lease terminates upon the lessor's death and does not bind the survivor.
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…the prevailing view of the lower courts of this jurisdiction. Hawaii has long recognized and continues to recognize the tenancy in common, the joint tenancy, and the tenancy by the entirety, as separate and distinct estates. See Paahana v. Bila , 3 Haw. 725 (1876). That the Married Women’s Property Act of 1888 was not…