Tenancy in Common

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Tenancy in Common

  • A tenant in common means that:
    • You are able to choose to own the property either equally or unequally depending on the terms agreed by the parties.
    • If one of the owners die, then that owner’s will determine who gets the deceased estate’s share. The deceased share of the estate does not automatically transfer to the other owner. This is different to joint tenants where the matter automatically transfers the property to the other owner.
  • If a tenant in common dies, the deceased owner’s share of the property will be treated as part of the deceased’s estate in a Family Provision Application.
  • If the deceased did not have a will then distribution of the share of the property will be in accordance to the rules of intestacy. If the deceased had a will at the time of his/her death than the deceased share of the property will therefore pass in accordance with that will.