In tenancy in common, what happens to the ownership when one owner dies?

In tenancy in common, what happens to the ownership when one owner dies?

• A. The other owner receives full ownership
• B. Ownership passes to the deceased's heirs
• C. Property is sold and profits are divided
• D. The ownership is split among all remaining owners

Answer: (B)

In a tenancy in common arrangement, when one of the co-owners dies, their ownership interest does not automatically pass to the other co-owner. Instead, it passes to the deceased owner's heirs as dictated by the terms of their will or, if they died intestate (without a will), according to the laws of intestacy of the state in which the property is located. This characteristic of tenancy in common means that each owner's share is treated independently, and the death of an owner allows their share to be inherited rather than being absorbed into a greater share for the remaining owners. This preservation of the deceased owner's interest for their heirs ensures that their property rights are honored even after death, making it fundamentally different from joint tenancy, where the right of survivorship comes into play. In joint tenancy, the remaining owners would receive full ownership of the deceased owner's share, but this is not the case with tenancy in common, highlighting the distinct legal implications of each form of co-ownership.

In a tenancy in common arrangement, when one of the co-owners dies, their ownership interest does not automatically pass to the other co-owner. Instead, it passes to the deceased owner's heirs as dictated by the terms of their will or, if they died intestate (without a will), according to the laws of intestacy of the state in which the property is located. This characteristic of tenancy in common means that each owner's share is treated independently, and the death of an owner allows their share to be inherited rather than being absorbed into a greater share for the remaining owners.

This preservation of the deceased owner's interest for their heirs ensures that their property rights are honored even after death, making it fundamentally different from joint tenancy, where the right of survivorship comes into play. In joint tenancy, the remaining owners would receive full ownership of the deceased owner's share, but this is not the case with tenancy in common, highlighting the distinct legal implications of each form of co-ownership.