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 California, tenancy in common (TIC) is a form of co-ownership where two or more individuals own a piece of real property together, with each having an individual, undivided ownership interest that can be unequal in size. These interests can be freely transferred to others upon the owner's death, as there is no right of survivorship inherent in TIC arrangements. This contrasts with joint tenancy, where co-owners must have equal shares and there is a right of survivorship, meaning that when one joint tenant dies, their interest automatically passes to the surviving joint tenants. In California, unless the deed or title explicitly states that the co-owners are joint tenants, the law presumes that the ownership is as tenants in common. This presumption can be overridden by clear language in the transfer document indicating the intent to create a joint tenancy. The specifics of TIC are governed by California state statutes, which may be supplemented by case law.