Does a right of survivorship exist in a tenancy in common?

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In a tenancy in common, there is no right of survivorship. This characteristic distinguishes it from a joint tenancy, where the right of survivorship is a defining feature. In a tenancy in common, each co-owner holds an individual share of the property, which can be of equal or unequal portions, and each person's share can be sold, transferred, or inherited according to their wishes.

When one co-owner passes away, their share goes to their heirs or beneficiaries as specified in their will or according to state law, rather than automatically transferring to the surviving co-owners. This means that while co-owners in a tenancy in common can share the property and may cooperate in its management, the property interests do not automatically pass to surviving co-owners upon a co-owner's death, thus eliminating the right of survivorship.

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