What happens to the interest of a deceased co-owner in a tenancy in common?

In a tenancy in common, each co-owner holds a distinct share of the property, and these shares do not automatically pass to the surviving co-owners upon death. Instead, when a co-owner dies, their interest in the property becomes part of their estate. This means that the deceased's share will be subject to the terms of their will, or if they died intestate (without a will), it will be distributed according to the laws of intestacy.

This principle underscores the nature of a tenancy in common, where ownership is fractional and independent. Therefore, the deceased's interest can be inherited by heirs or beneficiaries as determined by the deceased’s estate planning decisions. The surviving co-owners do not gain any ownership of the deceased's share automatically, distinguishing this arrangement from joint tenancy, where the right of survivorship applies.

Other options present scenarios that do not align with the typical legal framework for tenancies in common. The automatic transfer of ownership or immediate sale by surviving co-owners does not accurately reflect the rights each owner maintains over their share in the absence of a will or express agreement among the co-owners. Meanwhile, the idea of dissolving the interest altogether fails to recognize the continuity of ownership within a tenancy in common after one co-owner