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 Kansas, tenancy in common is a form of co-ownership where two or more individuals may hold an interest in a property in unequal shares and without the right of survivorship. This means that upon the death of one tenant in common, their interest in the property can be transferred to a beneficiary of their choosing, rather than automatically transferring to the surviving co-owners. If the deed or conveyance document does not specify the type of co-ownership, Kansas law presumes that the property is held as a tenancy in common. This is in contrast to a joint tenancy, which requires equal ownership shares and includes the right of survivorship, where the deceased's share automatically passes to the surviving joint tenants. The specifics of tenancy in common in Kansas are governed by state statutes, which can be found in the Kansas Statutes Annotated (K.S.A.), and by case law developed through court decisions.