What does a tenant in common deed look like?

Answer 1

When two or more people purchase land, they can own it as 'joint tenants' or as 'tenants in common'.

If they own it as joint tenants, they each own an equal share of the property. If one joint tenant dies, his/her share is extinguished and the remaining joint tenant(s) is/are the owner(s). The share of the deceased joint tenant does not become part of his/her estate. A husband and wife will usually own a property as joint tenants.

If they own it as tenants in common, the share owned by each does not have to be equal. If one tenant in common dies, that share of the property becomes part of the estate of the deceased tenant in common.

Usually the deed itself will state that the owners are either joint tenants or tenants in common.

Answer 2

You need to visit your local land records office and look through the deed books to determine the deed form that is used in your area. A tenant-in-common is not a type of deed, it is the manner in which the grantees establish their ownership. The tenancy must be recited in the deed. For example: . . . hereby grant to Sarah Caldwell and James Bryant as Joint Tenants With the Right of Survivorship (or as Tenants in Common), the following describes premises . . . .

Land conveyed to two people as joint tenants creates a right of survivorship between the co-owners. When one dies their interest in the property disappears and full ownership automatically passes to the Survivor with no need of probate.

Land conveyed to two people as tenants in common creates a different type of ownership. They each own a half interest in the property. If one dies, the co-owner owns a half interest and the interest of the decedent passes under the terms of their will or according to the state laws of intestacy if they had no will. Their estate must be probated.