What Are Tenants in Common?

Supporting Evidence

• Ownership shares do not have to be equal, which makes tenants in common more flexible than some other co-ownership structures.
• Each owner can usually sell, transfer, or leave their share to heirs unless another agreement limits that right.
• Lenders still care about who is on title, who is on the loan, and how occupancy and payment responsibility are structured.

Why This Matters

Tenants in common can work well for family purchases, co-buyers, and investment structures, but it can also create exit, inheritance, and decision-making problems if the owners do not plan ahead.

Frequently Asked Questions

Is tenants in common the same as joint tenancy?

No. Joint tenancy usually includes right of survivorship, while tenants in common usually lets each owner’s share pass through their estate.

Can tenants in common own different percentages?

Yes. One owner can hold 50%, another 30%, and another 20%, for example.

Can one tenant in common sell their share?

Often yes, unless a separate legal agreement limits transfers or gives the other owners certain rights.

Do all tenants in common have to be on the mortgage?

Not always, but the lender and title structure need to align. Leaving an owner off the loan can still create legal and qualification questions.