Tenancy in Common
Co-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
Full Definition
Tenancy in common is a form of co-ownership in which two or more people each hold an undivided interest in real property. Unlike joint tenancy, interests in a tenancy in common need not be equal (one owner could hold 60%, another 40%), need not be acquired at the same time or by the same instrument, and there is no right of survivorship. When a tenant in common dies, their interest passes to their heirs through their estate — not automatically to the other co-owners. Each tenant in common has the right to use and occupy the entire property (not just their percentage portion) and can independently sell, mortgage, or convey their interest without the other owners' consent. A partition action can force a division or sale of the property if co-owners can't agree.
Real-World Example
Three siblings inherit their parents' home. Each takes a 1/3 undivided interest as tenants in common. If one sibling dies, their 1/3 passes to their own heirs — not to the other two siblings.
How Tenancy in Common Appears on the Real Estate Exam
Common question types, tested concepts, and what to watch out for
Default form of co-ownership when no other form is specified. No right of survivorship (contrast with joint tenancy). Unequal shares are allowed. Any tenant in common can file a partition action to force a sale.
Related Terms
More Property Rights & Ownership Terms
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