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Title to property (usually real property,
but it can apply to personal property) held
by two or more persons, in which each has
an "undivided interest" in the property
and all have an equal right to use the property,
even if the percentage of interests are not
equal or the living spaces are different sizes.
Unlike "joint tenancy," there is
no "right of survivorship" if one
of the tenants in common dies, and each interest
may be separately sold, mortgaged or willed
to another. Thus, unlike a joint tenancy interest,
which passes automatically to the survivor,
upon the death of a tenant in common there
must be a probate (court supervised administration)
of the estate of the deceased to transfer
the interest (ownership) in the tenancy in
common.
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