Tenancy in Common (TIC)
Tenancy in common is shared ownership without survivorship rights. Learn how TIC shares can be unequal and are transferable by will or sale.
Definition
Tenancy in common (TIC) is a form of co‑ownership in which two or more individuals hold undivided interests in a property, with each person owning a specified share that may be equal or unequal. Unlike joint tenancy, TIC does not include a right of survivorship; when a tenant dies, their share passes to their heirs or beneficiaries. Each tenant has the right to use and possess the entire property and may sell, mortgage, or transfer their ownership interest independently. TIC arrangements are common among unrelated buyers who wish to own property together without automatic survivorship.
Why It Matters
Tenancy in common is the default when two people buy together without specifying otherwise, and its defining feature catches families out: there is no right of survivorship. When a co-owner dies their share goes to their heirs, not to the other owner, so a surviving partner can find themselves owning a house alongside their late partner's adult children.
Examples
Two friends buy a Tacoma duplex 70/30 as tenants in common, matching their down payments, and each can sell or borrow against their share independently.
One co-owner dies without a will and their half passes to two adult children, leaving the survivor sharing the home with people who want to sell.
A co-owner who wants out and cannot get agreement files a partition action, and the court orders the property sold and the proceeds split.
Tips
Say what you want on the deed. If you intend survivorship you must state it explicitly, because Washington will not assume it from the fact that you are married or partnered.
Put a co-ownership agreement in place covering who pays what, how a buyout is priced and what happens on death. It costs far less than a partition suit.
Married couples in Washington should look at a community property agreement instead, which handles transfer at death without probate.
Related Terms
Joint Tenancy
Joint tenancy is a form of co-ownership with right of survivorship. Learn how it differs from tenanc...
Vesting
Vesting describes how ownership is held on a property title. Learn vesting options like joint tenanc...
Usufruct
Usufruct grants the right to use and profit from another’s property without ownership. Learn how usu...
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