What is a tenancy in common?
A tenancy in common is a type of property ownership for two or more people in Kansas. It is a distinct form of ownership compared to joint tenancy. Tenancy in common does not require the same exact ownership interests between or among the co-owners. Each owner has an undivided interest in the property and the right to possess it.Although ownership rights are equal among tenants in common, each co-owner can sell or convey their interest of the property without the consent of the other tenant in common. This is beneficial because it allows each tenant in common to pass on their interest to their heirs as part of their estate. Tenancy in common is also beneficial because tenancy in common owners are not responsible for the debts of the other owners. If one of the tenants in common defaults on a loan, the other co-owners are not responsible for those payments. This is an important distinction from joint tenancy, in which all joint tenants are held liable for the debts of other owners.
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