Also known as: tenant in common · tenancy in common · tenancies in common · TIC
Written by attorneys · grounded in primary & secondary sources — see below
A form of concurrent ownership in which two or more persons hold undivided interests in the same property. Each tenant in common may possess the entire parcel and may alienate, devise, or descend their interest independently. The form lacks any right of survivorship.
Thomas Thompson and Tracy Torres held waterfront land as joint tenants with right of survivorship. After their divorce decree, the statute automatically converted their interests into equal tenancies in common. Thomas may now convey his half without Tracy's consent and his interest passes to his heirs rather than to Tracy upon his death.
Talia Torres and Theo Thomas owned a warehouse as joint tenants. Talia executed a deed conveying her interest to herself alone. The conveyance destroyed the unities and left the parties as tenants in common, each owning an undivided half that is freely alienable and descendible.
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Tristan Thompson and Tanya Tang formed a real-estate venture and took title to an office building as tenants in common. Each contributed unequal capital yet received equal undivided interests. Either may sell or mortgage only their own share without binding the other.
A testator devised a farm to two adult children in equal shares but without survivorship language. The devisees took title as tenants in common, each owning an undivided half that passes by will or intestacy rather than to the survivor.
Terra Financial loaned funds to an unmarried couple who purchased a residence and took title as tenants in common. Each partner owns an undivided interest that can be devised to third parties or partitioned upon separation, with no automatic survivorship right.
An estate holding commercial realty descended to three heirs under the intestacy statute. The heirs received title as tenants in common, each entitled to one-third of rents and each free to convey or encumber only their own fractional interest.
Tenants in common hold undivided interests without any right of survivorship. Each interest passes by will or intestacy rather than automatically to the surviving co-owners. Joint tenancies require the four unities and include survivorship.
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The deceased owner's undivided interest passes to that owner's heirs or devisees rather than to the surviving co-tenants. The new owner becomes a tenant in common with the remaining owners.
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Any tenant in common may bring a partition action. A court may order physical division or sale and division of proceeds when the property cannot be divided without prejudice.
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Each tenant in common is entitled to a share of rents and profits proportional to their ownership fraction. They must also contribute proportionally to necessary expenses such as taxes and repairs.
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Most states presume a tenancy in common unless the deed expressly creates a joint tenancy with right of survivorship or a tenancy by the entirety between spouses.
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…part of their earnings and property, to form a partnership or joint venture, or to hold property acquired as joint tenants or tenants in common, or agree to any other such arrangement. (See generally Weitzman, Legal Regulation of Marriage: Tradition and Change (1974) 62 Cal.L.Rev. 1169.) [^maj-11]: We note that a deliberate…