tenancy in common
Tenancy in Common is when two or more people own one property together, but each person's share can be different in size and can be sold or willed separately.
In plain English
Three brothers in Lagos put money together to buy a duplex in Ojodu. Tunde paid ₦12 million, Chidi paid ₦8 million, and Femi paid ₦5 million. Nobody assumed they owned equal thirds, because the contributions were not equal, and everyone was fine with that.
This is what tenancy in common looks like on paper. Each person holds a distinct, recorded share of the property, matching whatever percentage they put in or agreed to. There is no rule that says everyone gets the same slice.
The part many families miss is what happens when someone dies. Under tenancy in common, that person's share does not automatically pass to the other owners. It goes into their estate, to be shared according to their will or, in the absence of one, by the law. So if Femi passes on, his 5 million naira worth of the duplex goes to his children, not to Tunde and Chidi.
In the United Kingdom, this structure shows up often with friends who buy a flat together in Manchester, each putting in different deposit amounts, or with an unmarried couple who want their individual shares protected if the relationship ends. It also matters for someone abroad sending money home to co own a family property, since their exact contribution and share need to be documented clearly, not left as a vague family understanding.
The opposite arrangement is joint tenancy, where everyone owns equally and a deceased owner's share passes automatically to the survivors. Tenancy in common is the version for people who want fairness based on contribution, not assumption based on relationship.
A woman in Abuja and her cousin buy a shop plot together. She pays ₦7 million, he pays ₦3 million, so the deed records her as owning 70 percent and him 30 percent. If she later wants to sell her share to a third party, she can, without needing her cousin's plot to change hands.
Questions people ask
Can one owner sell their share without the others agreeing?
Yes, under tenancy in common, each owner can sell, gift, or will their specific share independently, though the practical buyer for just a share may be limited, so many co owners agree in writing on a process for this first.
How is tenancy in common different from joint tenancy?
In joint tenancy, all owners hold equal shares and when one dies their share passes automatically to the survivors. In tenancy in common, shares can be unequal and each person's portion goes into their own estate when they die.
Do we need a lawyer to set up tenancy in common?
It is strongly advisable, because the shares, contributions, and what happens on sale or death need to be clearly stated in the deed, and a lawyer helps make sure the document actually protects everyone involved.
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