Legal Definitions - Ownership in common

Ownership in common refers to the right of ownership shared by two or more people whose interests are divisible. This means that each owner has a specific percentage of ownership in the property. For example, if A and B own a property in common, A may own 60% and B may own 40%.

Upon the death of one owner, their interest in the property passes to the dead owner’s heirs. For instance, if A and B have ownership in common of property (E), and A dies, A's share does not go to B. Rather, A's share goes to A’s heir. This contrasts with joint ownership, where the interest of the dead owner would pass to the remaining owner(s).

For example, if two siblings inherit a house from their parents and they decide to own it in common, each sibling would have a specific percentage of ownership. If one sibling dies, their share of the property would pass to their heirs, not to the surviving sibling.