What Is Tenancy in Common?
Tenancy in common (TIC) is a form of co-ownership in which two or more people hold undivided interests in the same property. Unlike joint tenancy, tenancy in common does not include the right of survivorship. When a tenant in common dies, their share passes through their estate (by will or intestate succession), not automatically to the surviving co-owners.
Florida Legal Context
Tenancy in common is the default form of co-ownership in Florida. Under Section 689.15, Florida Statutes, any conveyance to two or more persons creates a tenancy in common unless the deed expressly provides for joint tenancy with right of survivorship.
Key characteristics:
- Unequal shares allowed — One owner can hold 60% and another 40%. The deed should specify the percentages.
- Independent transfer — Each co-owner can sell, mortgage, or give away their share without the other owners' consent.
- No survivorship — Each owner's share passes through their estate at death, not to the surviving co-owners.
- Equal possession — Regardless of ownership percentage, each tenant in common has the right to use and possess the entire property.
Common Issues with Tenancy in Common
- Partition actions — If co-owners disagree about the property's use or want to force a sale, any owner can file a partition action under Chapter 64, Florida Statutes. The court can order the property physically divided or sold at auction with proceeds split according to ownership percentages.
- Expense sharing — Co-owners are generally responsible for their proportional share of property taxes, mortgage payments, and maintenance costs. Disputes about expense sharing are common.
- Lien exposure — A judgment creditor can place a lien on one co-owner's TIC interest, potentially forcing a sale of the entire property through a partition action.
Related Terms
- Joint Tenancy — Co-ownership with right of survivorship
- Right of Survivorship — Feature absent from TIC
- Life Estate — Another form of divided ownership
- Deed — Determines the form of co-ownership
Barnes Walker Co-Ownership Guidance
Barnes Walker's attorneys advise co-owners on structuring tenancy in common agreements, partition disputes, and title vesting decisions. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC