What is Tenants in Common

Tenants in Common is a manner in which title to land is held where two or more people take title to property. They will invariably take title in common each as to a certain percentage of the whole. Each person can then dispose of his or her interest by Will but is subject to the payment of "Probate Fees." Often separating spouses will sever the joint tenancy converting title to a tenancy in common so that title does not pass to the survivor as it would in a joint tenancy. The severance can be completed by one spouse without notifying the other spouse.

Revised March 2015