Closings glossary

Tenancy in common

Co-ownership in undivided shares with no right of survivorship. Each share can be sold, mortgaged or left by will independently of the other owners.

What is tenancy in common?

Quick Answer

Tenancy in common is joint ownership where each owner holds a separate, transferable share that passes by will or intestacy at death rather than to the co-owners. Shares need not be equal, and any co-owner can force a sale through a partition action when the owners cannot agree.

The full definition

Co-ownership in undivided shares with no right of survivorship. Each share can be sold, mortgaged or left by will independently of the other owners.

Also called: TIC.

Where does tenancy in common come up in a New York City closing?

Three siblings inherit a Queens two-family as tenants in common, and one wants out, so a partition action becomes the way the building gets sold.

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