Does Tenancy in Common include the right of survivorship?

Does Tenancy in Common include the right of survivorship?

• A. Only if specified
• B. No
• C. Depends on state
• D. Yes

Answer: (B)

Survivorship in co-ownership forms is the idea here. Tenancy in common does not include the right of survivorship. In a tenancy in common, each owner holds an undivided interest that can be equal or unequal, and there is no automatic transfer of a deceased owner’s share to the other co-owners. Instead, the deceased owner’s interest goes to their estate and passes to heirs or beneficiaries by will or intestate succession. If survivorship is desired, you would use a joint tenancy (with right of survivorship), which requires explicit creation and the equal-time, equal-title, equal-interest, and right of possession unities.

Survivorship in co-ownership forms is the idea here. Tenancy in common does not include the right of survivorship. In a tenancy in common, each owner holds an undivided interest that can be equal or unequal, and there is no automatic transfer of a deceased owner’s share to the other co-owners. Instead, the deceased owner’s interest goes to their estate and passes to heirs or beneficiaries by will or intestate succession. If survivorship is desired, you would use a joint tenancy (with right of survivorship), which requires explicit creation and the equal-time, equal-title, equal-interest, and right of possession unities.