Legal Tip: Real Estate Held as Tenants in Common
The last of the typical ways two or more people hold title is known as Tenants in Common. Anyone can own property with anyone else as Tenants in Common.
Unlike the previous topics of Tenants by the Entirety and Joint Tenants with Right of Survivorship, Tenants in Common have no survivorship rights.
When one of the owners passes away the property will go through the estate process for their portion. This means their interest in the property would pass to their heirs at law or to those designated in the will they then hold the property as tenants in common with the other owners.
Tenants in Common can own the property at any percent interest. A person could hold 5%, 10%, 15%, 20%, etc. of the property as long as everyone’s interest together adds up to 100%.