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Can Tenancy In Common Be Dissolved?

Yes, tenancy in common can be dissolved. Tenancy in common is a type of joint ownership in which two or more people own an undivided interest in a property, but each owner has the right to sell or transfer their interest independently of the other owners.

There are several ways in which tenancy in common can be dissolved:

  1. Partition: One or more of the co-owners can file a lawsuit to partition the property, which will result in the property being sold and the proceeds being divided among the co-owners.
  2. Sale: If one of the co-owners wants to sell their interest in the property, they can do so without the consent of the other co-owners.
  3. Agreement: The co-owners can agree to dissolve the tenancy in common and divide the property among themselves.
  4. Death: If one of the co-owners dies, their interest in the property will pass to their heirs or beneficiaries according to their will or the laws of intestacy.

It’s important to note that dissolving a tenancy in common can be a complex and contentious process, especially if the co-owners cannot agree on how to divide the property. It’s usually a good idea to seek the advice of a real estate attorney before taking any action.