Tenancy in Common

A way for two or more persons to own property together. Tenants in common may own equal or unequal shares of the property, and there are no rights of survivorship. That is, when one of the co-owners dies, his/her share of the property becomes part of his/her estate and passes on to heirs. This is an arrangement common in joint business ventures: if two persons own an apartment complex and one of them dies, his/her share of the complex passes to his/her beneficiaries and does not pass to the other co-owner.

tenancy in common

A type of asset ownership for two or more persons in which, upon the death of one owner, his or her share passes to heirs if a will is left or to the estate if no will is left, rather than to the co-owners. Transactions involving the property require written permission of all owners. Compare joint tenancy with right of survivorship, tenancy by the entirety.

Wall Street Words: An A to Z Guide to Investment Terms for Today's Investor by David L. Scott. Copyright © 2003 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved. All rights reserved.

tenancy in common

Joint ownership of an undivided interest in real property with one or more other people,corporations,or other entities.Tenants in common may each sell their shares to outsiders. If a tenant dies, that tenant's share goes to his or her heirs or as directed in a will. Contrast with joint tenancy, sometimes called joint tenancy with right of survivorship,in which one's death causes the cessation of any interest,leaving the survivors to have undivided interests in the property. See also tenant-in-common properties, which are a specialized investment vehicle using the tenancy-in-common concepts.

Tenancy in Common

A tenancy in common is form of joint ownership under which two or more individuals jointly own property. Each owns an undivided share of the whole. The shares remain separate even if one party dies. Also see "Joint Tenancy" and "Tenancy by the Entireties."

References in periodicals archive

In summary, participating in a tenancy in common when investing in real property offers a number of advantages.

Fractional interests in property

427, 429 (2009) (discussing tenancy in common resulting from failed joint tenancy).

(38.) See Carrozzo, supra note 1, at 434 (discussing origins of tenancy in common).

Yours, mine, or ours: a proposal for sensible reform of the Massachusetts tenancy-by-the-entirety statute

The default rules of a tenancy in common will be familiar to anyone who has taken an introductory Property course.

For the typical tenancy in common, undivided land will be worth more than the sum total of its aggregate parts.

Rethinking the intersection of inheritance and the law of tenancy in common

On the other hand, an interest in a joint tenancy is different from a property interest in a tenancy in common or in community property.

Jointly owned property may not be subject to valuation discounts

Because lenders are accustomed to (and from a servicing perspective, often only equipped to) dealing with a single borrower, it is important that a tenancy in common loan involving multiple borrowers be streamlined.

The loan documents and the tenancy in common agreement should be written to allow the lender to deal only with the manager.

They're the new 'in' thing, but are TICs here to stay?

Tenancy in common allows the spouses to structure ownership of the new home so as to maximize gain deferral from the sale of the two old residences.

Maximizing gain exclusion/deferral when selling a principal residence due to death, divorce or marriage