ABA Family Legal Guide

Home Ownership

Property Rights and Restrictions

Ownership Options

What is a tenancy in common?

Tenancy in common gives each owner separate legal title to an undivided interest in the property. This allows the owners the right to sell, mortgage, or give away their own undivided interests in the property. When one owner dies, the deceased owner's interest in the property does not go to the other owners. Instead, it transfers to the decedent's estate. This might be an appropriate form of ownership for those who want their beneficiaries, rather than the other owners, to inherit their interest in the property.