tenants in common

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies.
Many jurisdictions also recognize tenancies by the entirety, which is effectively a joint tenancy between married persons. Many jurisdictions refer to a joint tenancy as a joint tenancy with right of survivorship, but they are the same, as every joint tenancy includes a right of survivorship. In contrast, a tenancy in common does not include a right of survivorship.
The type of co-ownership does not affect the right of co-owners to sell their fractional interest in the property to others during their lifetimes, but it does affect their power to will the property upon death to their devisees in the case of joint tenants. However, any joint tenant can change this by severing the joint tenancy. This occurs whenever a joint tenant transfers his or her fractional interest in the property.
Laws can vary from place to place, and the following general discussion will not be applicable in its entirety to all jurisdictions.

View More On Wikipedia.org
  1. N

    Tenants in Common

    Hi 3 Tenants in common. One died. Now selling. One has done all the management of the property for over 15 years. Can that person make a claim for the cost of doing the management of the rental property over those years as an expense to be included in the profit distribution/sale?
  2. M

    Tenants in common

    Hello, Can someone tell me if I own a property as a Tenants in common with my husband and one of us pass away, will the property remain to the other partner and children as well or only to the partner. Thank you in advance
  3. C

    NSW Buying property tenants in common when it has a mortgage

    Hi All, About 35 years ago my grandfather bought 100 acres of land with three friends. The group of four 'friends' still own the property as tenants in common, each with 25% ownership, and each with their own dwelling on a portion of the property. My grandfather made the purchase without the...
  4. B

    VIC Settlement Dispute - Tenants in Common

    Hi All, I am currently going through quite a messy separation with my partner of 4 years. We are tenants in common, with a 70/30 split of the property we live in (my way). We are in the process of me buying her share, and obtaining consent orders for our separation. We currently live together...
  5. J

    VIC Legal Rights of Tenants in Common?

    Hi, A brother and sister are tenants in common in the ownership of a house with no mortgage. They no longer speak, both use the house alternatively with their respective families at various times throughout the year. They split all bills half-half. The sister can't stand the brother and his...
  6. C

    NSW Bond money refund without sign contract

    Hi there, my girlfriend and I lived in a unit for around one month, we used to leave with another two guys whose have the lease of the apartment, it means we just rent the room, at the beginning, they asked us to give four weeks as bond money and we never sign a contract, just verbal agreement...
  7. A

    SA Complex Tenants In Common Dispute - Help?

    Hi There’s a lot to say about this complex issue between my mother and me, who are tenants in common. The title is held as 50/50 and at purchase, mums 50% was cash, my 50% a bank loan. Soon after purchase, mum committed to building a $75,000 granny flat which blew out to $110,000. At the...
  8. R

    NSW Tenants in Common and Estate Issue

    I own a property 50/50 tenants in common with my father who passed away several years ago. My fathers will left everything to my mother however she has never sorted anything out (I think she is suppose to go to probate?) and it remains in my deceased fathers name. I am one of the executors of my...
  9. P

    QLD Changing Title Deeds from Tenants in Common to Joint Tenants?

    My father and brother own a property as tenants in common. Can the title deeds be changed to joint tenants from tenants in common? If so, can it be done without payment under property law? My father was going to leave it to us in his will, but my brother says he now owns it. My father is in a...
  10. A

    VIC Tenants in Common - Changing Ownership After Lot has been Subdivided?

    Hello, I purchased a property in Melbourne with my wife as a tenants in common, where I have 20% ownership and my wife has 80%. Now, the lot is going to be subdivided into 3 lots and 3 houses will be built. Therefore, there will 3 titles, one for each house. I wonder if I can change the...