In a tenancy in common, what happens to a co-owner's share upon death?

In a tenancy in common, what happens to a co-owner's share upon death?

• A. It passes to the surviving co-owners automatically.
• B. It becomes a joint tenancy with the remaining owners.
• C. It passes to the deceased owner's heirs or estate, not automatically to other co-owners.
• D. It is dissolved and the property is re-sold.

Answer: (C)

In a tenancy in common, each owner has a separate, transferable interest in the property, and there is no right of survivorship. So when a co-owner dies, their share does not automatically go to the surviving co-owners. Instead, that deceased person’s interest becomes part of their estate and passes to their heirs or to the beneficiaries named in their will (or as dictated by provincial intestacy laws if there is no will). The surviving co-owners keep their own interests, but the deceased’s share goes to someone else, which can result in the property being owned by multiple parties as tenants in common after the transfer. This is different from a joint tenancy, where the surviving co-owners would automatically receive the deceased owner’s share.

In a tenancy in common, each owner has a separate, transferable interest in the property, and there is no right of survivorship. So when a co-owner dies, their share does not automatically go to the surviving co-owners. Instead, that deceased person’s interest becomes part of their estate and passes to their heirs or to the beneficiaries named in their will (or as dictated by provincial intestacy laws if there is no will). The surviving co-owners keep their own interests, but the deceased’s share goes to someone else, which can result in the property being owned by multiple parties as tenants in common after the transfer. This is different from a joint tenancy, where the surviving co-owners would automatically receive the deceased owner’s share.