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 Idaho, tenancy in common is a form of co-ownership where two or more individuals may hold an ownership interest in a property. These interests can be equal or unequal, and each tenant in common has the right to transfer their share of the property to any beneficiary upon their death, as there is no right of survivorship inherent in tenancies in common. This is in contrast to 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 Idaho, unless the deed or other conveyance document explicitly states that the co-owners take the property as joint tenants with the right of survivorship, the default form of co-ownership is assumed to be tenancy in common. The specifics of these forms of ownership and the rights of co-owners can be found in Idaho's statutes, and may also be influenced by case law.