Property Rights & Ownership

    Tenancy in Common

    The default form of co-ownership in which each owner holds a separate, possibly unequal interest that passes to heirs, with no survivorship.

    Tenancy in common is co-ownership where each owner holds an undivided interest that can be unequal. There is no right of survivorship. When a tenant in common dies, that share passes to the owner's heirs or as directed by the owner's will, not to the other co-owners.

    Tenancy in common is the default co-ownership form when two or more unmarried people take title without specifying survivorship.

    On the exam

    If shares can be unequal and pass to heirs rather than co-owners, the answer is tenancy in common.

    Exam trap

    Tenancy in common has no survivorship. Do not confuse it with joint tenancy, where the share passes to surviving co-owners.

    Tested in

    Property Rights (8% of the exam)

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    This definition is Florida real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.