If two people own a property as beneficial tenants in common, can each leave their share by will?

• A. Yes, each may leave their share by will.
• B. No, the share passes automatically to the survivor.
• C. Only jointly can they dispose of their shares.
• D. They cannot will their shares.

Answer: (A)

In a tenancy in common, there is no right of survivorship. Each owner holds a distinct, transferable share, so they can dispose of their own portion by will. That means each person may leave their share to whomever they choose, and upon death that share passes to the deceased’s estate or named beneficiaries, not automatically to the other co-owner. The surviving co-owner simply keeps their own share and continues to hold the property with whoever inherits the deceased’s portion. For example, if two people own as tenants in common, one with 60% and the other with 40%, each can will their respective share to different beneficiaries, and after death the property is partitioned accordingly between the survivors and the deceased’s beneficiaries. This differs from a joint tenancy, where the right of survivorship means the surviving owner automatically acquires the deceased’s share.