Also known as: tenancies in common · tenancy-in-common · TIC
Written by attorneys · grounded in primary & secondary sources — see below
An ownership form in which two or more persons hold undivided interests in the same property at the same time, each entitled to possess the whole without exclusion of the others. No right of survivorship attaches, so a deceased tenant's interest passes to heirs or devisees rather than to surviving co-owners. The interests need not be equal in size.
Tonya Takahashi and Thaddeus Tran held their home as joint tenants with right of survivorship. After their divorce became final, the statute automatically converted their interests into equal tenancies in common. Tonya could now devise her half to her children, and Thaddeus could sell his half without affecting her share.
Tanner Thompson owned a parcel with his spouse as tenants by the entirety. The IRS asserted a tax lien against his interest alone. The court recognized that his rights under state law included an undivided share that could be reached, treating the ownership as equivalent to a tenancy in common for lien purposes.
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Tanya Tang and Travis Tate held land as joint tenants. Tanya executed a deed conveying her interest to herself as tenant in common and recorded it. The conveyance destroyed the four unities, leaving both owners as tenants in common with no survivorship right.
Tristan Thompson and Titan Industries held mineral rights as joint tenants. Tristan granted an oil-and-gas lease covering his interest. The lease did not destroy the joint tenancy because it did not transfer title, so the surviving joint tenant still took the entire interest by survivorship.
Torchlight Media obtained a judgment against one spouse who held property with the other as tenants by the entirety. The court held that the creditor could not force a sale of the entire property because the interest remained protected until severance into a tenancy in common occurred.
True North Logistics and Terra Financial held investment property as joint tenants. One company attempted to leave its share to heirs by will. Because the interest remained a joint tenancy until death, the surviving co-owner took the whole property and the will had no effect on that share.
Tenancy in common lacks the right of survivorship, so each owner's interest passes to heirs or devisees. Joint tenancy requires four unities and carries survivorship. Modern statutes presume tenancy in common unless the instrument clearly creates joint tenancy.
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No. Each tenant owns an undivided fractional interest and may convey or encumber only that interest. The grantee or mortgagee becomes a tenant in common with the remaining owners.
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The statute severs the former spouses' interests and converts them into equal tenancies in common. Each former spouse may then devise or convey the interest independently.
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No. A lease transfers only a possessory right and does not destroy the unities of title or interest, so the joint tenancy and survivorship right remain intact.
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…the prevailing view of the lower courts of this jurisdiction. Hawaii has long recognized and continues to recognize the tenancy in common, the joint tenancy, and the tenancy by the entirety, as separate and distinct estates. See Paahana v. Bila , 3 Haw. 725 (1876). That the Married Women’s Property Act of 1888 was not…