Tenancy In Common
Parties
Any number of persons (can be husband and wife, but see "Presumption"
limitations below)
Division
Ownership can be divided into any number of interests equal or unequal.
Title
Each co-owner has a separate legal title to his undivided interest.
Possession
Equal right of possession (only unity of interest required).
Conveyance
Each co-owner's interest may be conveyed separately by its owner. Tenancy in common
dissolved by conveyance of co-tenant interest to another new tenancy in common is created
between grantees and remaining co-tenants.
Purchaser's Status
Purchaser will become a tenant in common with the other co-owners in the property.
Death
On co-owner's death, his interest passes by will to his devises or his heirs by intestate
succession. No survivorship right.
Successor's Status
Devisees or heirs become tenants in common.
Creditor's Status
Co-owners's interest may be sold on execution sale to satisfy his creditor. Creditor
becomes a tenant in common with remaining co-tenants. Termination may occur as a result of
involuntary sale (e.g., execution sale under a judgment or a foreclose sale under a
mortgage or deed of trust).
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