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What Is a Tenancy in common? Definition, Uses and Importance.

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A type of joint ownership that allows a person to sell his share or leave it in a will without the consent of the other owners. If a person dies without a will, his share goes to his heirs, not to the other owners.

The tenancy in common can be terminated by one or more co-tenants buying out the others. A joint agreement is needed if the co-tenants have opposing interests or directions for the property’s usage and improvement or if they want to sell the land. A partition action may be taken in instances where an agreement cannot be reached. Depending on how effectively the co-tenants cooperate, a partition action might be either voluntary or court-ordered.

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