Tenancy in Common – Glossary | RJP Estate Planning

Property & Real Estate

A form of co-ownership where each owner's share passes through their estate at death, rather than transferring automatically to the other owners.

Tenancy in common is the default form of co-ownership in Arizona. When two or more people receive property together, A.R.S. 33-431 presumes they hold it as tenants in common. The deed must expressly state otherwise to create a different ownership form.

How Tenancy in Common Works

Each tenant in common holds a separate, divisible share of the property. Those shares do not have to be equal. One owner might hold 70% while another holds 30%. Each owner can sell, transfer, or bequeath their share independently. No consent from the other owners is needed.

What Happens at Death

When a tenant in common dies, their share does not transfer automatically to surviving owners. Instead, it passes through their estate. It follows the will or intestate succession laws. This often means the share must go through probate first.

This is the key difference from joint tenancy. In joint tenancy, the surviving owner inherits automatically. Tenancy in common works well when co-owners want their shares to go to different people. For example, siblings may each want to leave their interest to their own children.