property

tenancy in common

Tenancy in common is a form of co-ownership in which two or more people each own an undivided interest in the whole property. The shares can be unequal, and owners can acquire their interests at different times. There is no right of survivorship, so a co-owner's share passes to their heirs or under their will. In many states it is the default form when co-ownership is not specified.

Exam tip
The tested contrast is with joint tenancy: tenants in common have no right of survivorship and need not have equal shares. Each co-owner may sell or will their share freely.
Example
Ana owns 60% and Ben owns 40% of a duplex as tenants in common. When Ben dies, his 40% passes to his daughter, not to Ana.

Related terms & state variants

Sources

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Last verified: 2026-10-23