What Is Tenants in Common?

Co-ownership with no right of survivorship. Shares can be unequal, and each owner's share can be sold, given away, or inherited separately.

Tenants in common is a form of ownership in which two or more people own property together, their shares can be unequal, and there is no right of survivorship. Each owner's share can be sold, given away, or inherited separately.

In Florida, a deed to two or more people who are not married to each other creates a tenancy in common unless the deed expressly states a right of survivorship. Unlike joint tenancy, tenants in common can hold unequal shares and can each pass their share to their own heirs. Unlike tenants by the entirety, which is only for married couples, there is no automatic transfer to the other owners.

This structure is common for business partners, investors, and unrelated people who put in different amounts of money or have different plans for their heirs.

For example, four friends, Dave, Emma, Jack, and Mia, buy a property together. Dave owns 50 percent, and Emma, Jack, and Mia each own one sixth. If Dave dies, his 50 percent goes to his heirs or the people named in his will, not to the other co-owners.

Pros:

Co-owners can hold unequal shares.
Each owner can sell or transfer a share independently.
Each owner can plan separately for that share after death.

Cons:

A deceased owner's share usually goes through probate unless other planning is in place.
Any owner can ask a court to partition the property, which can force a sale.
Shared costs, such as taxes and maintenance, can lead to conflicts.

Co-owners should put their agreement on use, expenses, and sale in writing.

Related Common FAQs

Types of Deeds We Prepare

We prepare a wide range of deeds to suit your specific needs, ensuring all documents are legally sound and properly recorded.

POPULAR

Lady Bird Deed

A specialized deed that allows you to retain control of your property during your lifetime while automatically transferring it to beneficiaries upon death, avoiding probate.

Learn More

POPULAR

Quitclaim Deed

Transfers whatever interest you own in a property without making any guarantees about the title. Ideal for transfers between family members or correcting title errors.

Learn More

Affidavit of Deed

A sworn statement used to clarify details about a deed or confirm facts related to property ownership, often required by title companies.

Learn More

Corrective Deeds

Used to fix errors in a previously recorded deed, such as misspelled names, incorrect legal descriptions, or other clerical mistakes.

Learn More

General Warranty Deed

Provides the highest level of protection for the buyer, guaranteeing that the seller holds clear title and has the right to sell the property.

Learn More

Special Warranty Deed

Guarantees that the seller has not caused any title defects during their ownership, but does not cover prior history. Common in commercial transactions.

Learn More

Timeshare Deed

Transfers ownership interest in a timeshare property, often used for adding or removing owners or transferring to a trust.

Learn More

Easement Deeds

A Florida Easement Deed grants a specific right to use another person's land for a designated purpose, without transferring ownership. It is commonly used for utilities, access roads, or shared driveways.

Learn More