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. Tenancy in common is the default for Texas co-owners without a survivorship agreement.

Exam trap

Tenancy in common has no survivorship. In Texas it is the default when co-owners do not sign a written survivorship agreement.

Tested in

Ownership & Title (8% of the exam)

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Related terms

Sources

Texas Estates Code Sec. 101.002, joint ownership without right of survivorship

This definition is Texas 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.