Tenancy in common is the ownership of real property by two or more co-owners (tenants in common) who may have equal or unequal ownership interests in the property (unlike joint tenants who must own equal shares).
Tenants in common (TIC) can transfer (bequeath or devise) their ownership interests to anyone upon their death, as there is no right of survivorship among tenants in common (there is a right of survivorship among joint tenants).
Unless the transfer or conveyance documents clearly establish that parties own a piece of real property as joint tenants, the default nature of ownership of real property by multiple parties is as tenants in common.
Laws vary from state to state and in many states the law regarding ownership of real property as tenants in common or as joint tenants is located in the state’s statutes—although it may also be located in a state’s court opinions (common law or case law).
In Ohio, tenancy in common is a form of co-ownership where two or more individuals own a piece of real property together, with each having a distinct share that can be unequal. These shares can be freely transferred to others upon the owner's death, as there is no right of survivorship inherent in tenancy in common, unlike with joint tenancy where the surviving owners automatically inherit the deceased owner's share. In the absence of explicit language to the contrary in the deed or other conveyance documents, Ohio law presumes that co-ownership is as tenants in common. This means that if the document does not specify the type of tenancy, the owners will be considered tenants in common by default. Ohio's statutes and case law govern the specifics of tenancy in common, including the rights and obligations of the co-owners, how a tenant in common can transfer their interest, and how disputes among co-owners may be resolved.