Tenancy in Common
Tenancy in common is a form of property co-ownership where two or more people hold undivided interests in the same property, with each owner able to sell or transfer their share independently and leave it to heirs.
Exam Tip
TIC = NO survivorship (heirs inherit). Can have UNEQUAL shares. Only POSSESSION unity required. Default form of co-ownership.
What is Tenancy in Common?
Tenancy in common (TIC) is a form of concurrent property ownership where two or more people share ownership of the same property. Each tenant in common owns an undivided interest in the entire property, meaning they have the right to use the whole property, not just a specific portion.
Key Characteristics
| Feature | Description |
|---|---|
| Undivided interest | Each owner can use entire property |
| Unequal shares | Owners can have different percentages |
| No survivorship | Interest passes to heirs, not co-owners |
| Individual transfer | Can sell or mortgage own share |
| Separate titles | Each owner has own deed |
Ownership Interests
| Scenario | Example |
|---|---|
| Equal | A, B, C each own 33.3% |
| Unequal | A owns 50%, B owns 30%, C owns 20% |
| Two-party | A owns 60%, B owns 40% |
Tenancy in Common vs. Joint Tenancy
| Feature | Tenancy in Common | Joint Tenancy |
|---|---|---|
| Right of survivorship | No | Yes |
| Interest at death | Goes to heirs | Goes to surviving owner(s) |
| Ownership shares | Can be unequal | Must be equal |
| Creation | Default for co-owners | Requires specific language |
| Transferability | Can transfer freely | Transfer severs joint tenancy |
Four Unities Comparison
| Unity | Joint Tenancy | Tenancy in Common |
|---|---|---|
| Time | Required (same time) | Not required |
| Title | Required (same deed) | Not required |
| Interest | Required (equal shares) | Not required |
| Possession | Required (right to whole) | Required (right to whole) |
Rights of Tenants in Common
| Right | Description |
|---|---|
| Possession | Use entire property |
| Sale | Sell own interest |
| Mortgage | Encumber own interest |
| Lease | Rent out own interest |
| Will | Leave interest to heirs |
| Partition | Force sale/division |
Partition Action
If co-owners cannot agree on property use or sale:
- Partition in kind - Physical division of property
- Partition by sale - Court-ordered sale with proceeds divided
- Any owner can request partition through courts
Common Uses
| Use Case | Why TIC |
|---|---|
| Investment property | Multiple investors with different shares |
| Inherited property | Default when multiple heirs inherit |
| Unmarried couples | No automatic survivorship desired |
| Business partners | Flexible ownership percentages |
Exam Alert
Tenancy in common = NO right of survivorship. Interest passes to HEIRS, not co-owners. Shares can be unequal. Only possession unity required. Compare carefully with joint tenancy (equal shares, survivorship, four unities required).
Study This Term In
Related Terms
Joint Tenancy
Real EstateJoint tenancy is a form of property co-ownership where two or more people hold equal, undivided interests with the right of survivorship, meaning when one owner dies, their share automatically passes to the surviving owner(s).
Right of Survivorship
Real EstateRight of survivorship is a legal feature of joint tenancy and tenancy by the entirety that automatically transfers a deceased co-owner's interest to the surviving co-owner(s), bypassing probate.
Deed
Real EstateA deed is a legal document that transfers ownership (title) of real property from one party to another.
Title
Real EstateTitle is the legal right to own, use, and dispose of real property, representing the bundle of rights that come with property ownership.