Cotenancy

Cotenancy, or co-tenancy, refers to a form of property ownership in which two or more persons hold an undivided interest in real property. Each cotenant has the right to possess and use the whole property, regardless of the size of their individual share, and no cotenant owns a discrete portion of the land.

The two most common forms are joint tenancy and tenancy in common. In a joint tenancy, cotenants hold equal interests and enjoy the right of survivorship: when a cotenant dies, their interest passes automatically to the surviving cotenants. In tenancy in common, cotenants may hold unequal shares and there is no right of survivorship; a deceased cotenant's share passes by will or intestacy.

Co-tenants may lease their interest or bring in third parties, subject to other cotenants’ rights. They generally owe a duty not to commit waste and to contribute to ordinary expenses such as taxes, insurance, and repairs. If a cotenant receives income from the property, it is usually shared according to shares or as agreed.

Severance of a joint tenancy can occur through sale, transfer, or agreement, and in some jurisdictions by certain types of mortgages, converting the arrangement to a tenancy in common. A partition action may be brought to divide the property physically or its value; if an actual partition is impractical, buyouts or sale of the property may occur.

Because cotenancy hinges on local law, terms and remedies vary by jurisdiction. Clarity in the deed or agreements, explicit shares, and a plan for expenses and use can prevent disputes. Practical options include negotiation, mediation, partition, or buyouts.