What Is Tenancy in Common in California?
By JC Pacific Corp Published 2026-09-01 Last professionally reviewed: September 2026
Tenancy in common allows two or more people or entities to own undivided interests in the same property. Ownership percentages may be equal or unequal, and each interest can generally pass according to that owner's estate plan or applicable succession law.
What should co-owners document?
A separate co-ownership agreement may address:
- Ownership percentages
- Down payments
- Mortgage payments
- Repairs
- Taxes and insurance
- Occupancy
- Rental income
- Improvements
- Sale decisions
- Buyouts
- Death or disability
- Default
- Dispute resolution
- Partition
Does a percentage on the deed settle every financial claim?
Not necessarily. Agreements, contributions, loans, partnerships, trusts, or legal claims may affect the analysis.
Frequently Asked Questions
Does tenancy in common include survivorship?
Not automatically.
Can one co-owner sell their share?
Possible transfer rights exist, but marketability, agreements, loan terms, and co-owner consequences matter.
What if co-owners cannot agree?
Negotiation, mediation, buyout, sale, or partition litigation may be considered with legal counsel.
Educational information
Co-ownership creates legal and financial obligations beyond the deed.
Use a written co-ownership agreement before purchasing property with someone who is not your spouse.
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A note on legal advice: These guides provide general, educational information about California real estate practice. They are not legal advice and do not create an attorney-client relationship. Mortgage information is general education, not individualized lending, tax or legal guidance. For advice about your specific offer, contract, closing or financing, consult a qualified California real estate attorney and a qualified mortgage professional.