Skip to Content
415-441-8669 | TOLL FREE: 888-50EVANS

PHONE: 415-441-8669 | TOLL FREE: 888-50EVANS

Tenancy in Common

Tenancy in common is the ownership of an asset by two or more persons, who own the asset in undivided interests that may be unequal. Each tenant in common has the right to inhabit the whole property. Under California law, ownership is assumed to be a tenancy in common unless otherwise noted.

For help interpreting ownership interests under a tenancy in common, contact a San Francisco attorney at The Evans Law Firm at 415-441-8669 or 888-50-EVANS or to schedule a free initial consultation.

Bay Area Attorneys, Advising on Probate Matters Related to Home Ownership

When a tenant in common dies, his or her share of the asset is subject to his or her will or trust, or, if there is no will or trust, to intestate succession.

A tenancy in common may be subject to probate, but joint tenancies are not subject to probate. A tenancy in common may involve interests that are not equal. An interest in a tenancy in common may be given to others through a will or trust.

Some disadvantages of a tenancy in common include:

  • The interest owned by the decedent may have to be probated.
  • If the shares are unequal, that fact must be stated in the title to the asset, or the ownership will be presumed under state law to be equal.

Joint Asset Lawyers Serving Oakland and Communities Throughout California

To discuss how tenancy in common would apply to your situation, please call 415-441-8669 or contact our Bay Area lawyers online via e-mail to schedule a free initial consultation.

Law Dragons 500 badge Million Dollar Advocates Forum SuperLawyers Badge Best Lawyers Badge Avvo

Our Passion For Justice

415-441-8669 888-50EVANS

Hear What Our Clients Have To Say

"The Evans Law Firm has great attorneys that are relentless, with exemplary performance and energy devoted to my case. My case would not have resolved without Ms. Evans - a tireless attorney that will not give up or stop until the case is resolved successfully."
Posted By: John Evans

Read More Reviews