tenancy in common

Tenancy in common is a form of co-ownership where multiple individuals hold an undivided ownership interest in a property. This typically occurs when property is inherited by siblings or when an owner sells or gives a piece of property to a group. Each co-tenant has the right to possess and use the entire property. If agreement on possession isn't reached, a court can order the property to be partitioned or sold, with proceeds divided among the co-tenants.1

A key distinction of tenancy in common, compared to joint tenancy, is in succession. When a tenant in common dies, their share passes to their heirs or devisees, not automatically to the surviving co-tenants. In Anglo-American law, conveying one's interest in a tenancy in common results in the recipient taking the same undivided interest as the grantor. Civil-law systems have a similar form of co-ownership, though they do not allow for automatic succession by co-tenants.1