Tenants in common
A way for multiple people to co-own property, each with a separate share that can be sold or passed to heirs. Shares don't have to be equal.
Every term like this one lights up in the step you're on.
Free to set up. No credit card.Part 1 of 4
Why a seller cares
Tenants in common each own a share, with no survivorship. Selling takes every owner's signature, and a deceased owner's share passes through their estate, which can mean probate before the sale.
Part 2 of 4
A simple example
You and two siblings own an inherited house as tenants in common. One sibling dies; their third goes to their heirs, and all of them sign at the sale.
| The situation | What the sale takes |
|---|---|
| All co-owners living | Every owner's signature |
| One has died | Their estate's signature, after probate or an heirship affidavit |
| One will not sign | A partition action, which is a lawsuit |
Tenants in common own separately and sell together. Every share has to come to the table.
Part 3 of 4
What people get wrong
That a majority of owners can sell. Every owner conveys their share, or a court does it for them.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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