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 Louisiana, tenancy in common is recognized as a form of co-ownership where two or more individuals may hold title to real property, with each tenant in common having a divisible share that can be unequal in size. Unlike joint tenancy, there is no right of survivorship in a tenancy in common; upon the death of a tenant in common, their interest in the property passes to their heirs or as directed by their will, rather than to the surviving co-owners. Louisiana law presumes that co-owners hold property as tenants in common unless the conveyance documents explicitly state otherwise, such as specifying joint tenancy with right of survivorship. The specifics of tenancy in common in Louisiana are governed by state statutes, which can be found in the Louisiana Civil Code, and are also shaped by state court decisions. It is important for parties involved in co-ownership of property in Louisiana to clearly state their intentions in property transfer documents to avoid any default assumptions of tenancy in common.