Colibri Real Estate Practice Exam 2026 - Free Real Estate Practice Questions and Study Guide

In the case of tenants in common, each owner's share of the property is considered separate and distinct from the others. This means that if one or more tenants die, their share of the property does not automatically pass to the surviving tenants but instead goes to the heirs of the deceased tenants as specified in their wills or according to intestate succession laws if there is no will.

This principle underlines the fundamental characteristics of tenancy in common, wherein each co-owner holds an individual interest in the property. Therefore, when two out of three tenants die, their interests are transmitted to their respective heirs rather than being merged into the remaining ownership of the surviving tenant.

As a result, this maintains the individual ownership aspect inherent in a tenancy in common arrangement and ensures that the deceased tenants' interests can be passed down according to their wishes or legal guidelines, leading to multiple heirs potentially owning parts of the property alongside the surviving tenant.