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Tenancy in Common

Co-ownership without survivorship — each owner's share passes through their estate.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Co-ownership without survivorship — each owner's share passes through their estate.

In Islamic law

Generally the structure that keeps a property inside the estate so it can be divided by the faraid shares — the opposite of joint tenancy.

In Canadian law

The alternative to joint tenancy. Each co-owner holds a distinct share that forms part of their estate on death.

Across the madhahib

We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.

Canadian legal detail

Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
Further reading — Treadstone Law
  1. Joint tenancy vs tenancy in common ontario — Treadstone Law
  2. Can a will override joint ownership survivorship ontario — Treadstone Law
  3. Joint tenancy vs tenants in common ontario — Treadstone Law
  4. Joint tenancy vs tenants in common ontario 2 — Treadstone Law
  5. Wills & estates practice — Treadstone Law