Also known as: tenants in common · tenancy in common · tenancies in common · TIC · co-tenant in common
Written by attorneys · grounded in primary & secondary sources — see below
One of two or more persons who each hold an undivided fractional interest in the same property. Each tenant in common has the right to use and occupy the entire property. The interest passes to the tenant's heirs or devisees upon death rather than to the surviving co-tenants.
Tamara Tan and Tobias Thomas held their home as joint tenants with right of survivorship. After their divorce, the probate code automatically converted their interests into equal tenancies in common. Tobias later conveyed his half to Tiana Tan, who now holds as a tenant in common with Tamara.
Trevor Tate and Tyrone Tran owned Blackacre as joint tenants. Trevor executed a deed conveying his interest to himself as tenant in common. Upon Trevor's death his one-half interest passed to his heirs rather than to Tyrone by survivorship.
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Talia Torres and her husband held their residence as tenants by the entirety. A creditor obtained a judgment against the husband alone. The court refused to allow the creditor to force a sale that would create a tenancy in common with Talia.
Topaz Mining and Talon Security owned ranch land as tenants in common. Topaz Mining leased the entire parcel to a third party without Talon Security's consent. The lease bound only Topaz Mining's undivided interest and could not oust Talon Security from possession.
Threshold Capital and Tundra Resources held adjacent parcels as joint tenants. One owner attempted to devise its interest by will to a charity. The devise failed because the interest passed by survivorship to the remaining joint tenant rather than descending as a tenancy in common.
The Symphony Space, Inc. and Pergola Properties, Inc. acquired property as joint tenants. Pergola Properties conveyed its interest to a third party. The conveyance severed the joint tenancy and left the third party holding as a tenant in common with the remaining owner.
A tenancy in common lacks the right of survivorship. Each tenant's interest passes to heirs or devisees rather than to the surviving co-tenants. Any co-tenant may unilaterally convey its interest without consent of the others.
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The probate code severs the joint tenancy and converts the interests into equal tenancies in common. Each former spouse then owns an undivided one-half interest that passes by will or intestacy rather than by survivorship.
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One tenant in common may lease only its own undivided interest. The lease binds that interest alone and cannot exclude the other co-tenants from possession. The proper remedy for disagreement is partition rather than ejectment.
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In some jurisdictions a mortgage severs the joint tenancy and converts the interest into a tenancy in common. The mortgage then survives as a lien on the mortgagor's undivided share after the death of the mortgagor.
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…part of their earnings and property, to form a partnership or joint venture, or to hold property acquired as joint tenants or tenants in common, or agree to any other such arrangement. (See generally Weitzman, Legal Regulation of Marriage: Tradition and Change (1974) 62 Cal.L.Rev. 1169.) [^maj-11]: We note that a deliberate…