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Tenancy in Common

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

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

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

No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. 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:

Important

This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.

Citations & sources

Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.

Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
Canadian legal commentary
  1. Discharged mortgage still on title ontario — Treadstone Law
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  3. Spouse locked me out matrimonial home — Treadstone Law
  4. Who owns title leasehold ontario — Treadstone Law
  5. Fixing title defects ontario court applications and options — Treadstone Law
  6. Wills & estates practice — Treadstone Law