Tenancy in Common
A form of co-ownership where each co-owner has a distinct (though undivided) share that can be left by will. No right of survivorship. The default in equity where co-owners contribute unequally.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Historically, two or more people owning land jointly could do so either as joint tenants or tenants in common. HM Land Registry's practice guidance on trusts of land explains the distinction: joint tenants do not have specific shares and instead benefit from a right of survivorship, whereas tenants in common had specific shares, known as undivided shares, which could be transferred separately, and were inherited as part of their estate on their death.
Since 1925, that distinction has only operated at the level of the beneficial interest, not the legal title. Since 1925, it has been impossible for a legal estate to be held as a tenancy in common, so joint owners must always hold the legal title as joint tenants — even where, behind that legal title, they hold their beneficial interests as tenants in common in unequal shares.
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Official sources
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