A form of concurrent property ownership where two or more persons each own separate, undivided fractional interests in property. Each tenant in common can transfer their share independently, and upon death, their share passes to their estate or beneficiaries—not to the other co-owners.
Tenancy in common means you own a percentage of something with other people. You can sell your share without permission from the others, and when you die, your share goes to your heirs in your will—not automatically to the co-owners.
⏱ When you'll encounter this term
- Buying property with non-spouse co-owners
- Inheriting property with siblings
- Investment properties with multiple owners
- Breaking up joint tenancy ownership
"My brother and I inherited Dad's rental property as tenants in common—60% for me, 40% for him. When my brother died, his 40% went to his kids per his will, not to me. Now I own 60% and my nephews own 40%."
⚖️ Compare: Tenancy in Common vs Joint Tenancy
Separate shares. No survivorship rights. Each owner's share passes to their heirs. Can own unequal percentages.
Unified ownership. Automatic survivorship. Share passes to surviving co-owners. Equal shares required.
💡 Did you know?
Tenancy in common is the default form of co-ownership in many jurisdictions when the deed doesn't specify otherwise. Unlike joint tenancy, tenants in common can own unequal shares—like one person owning 70% and another 30%—making it flexible for unequal investments.