Tenants in common each own a share of the home and can leave that share to anyone. There is no survivorship.
How tenants in common work in Virginia
When a tenant in common dies, that owner’s share passes to heirs or by will. Virginia treats the share of a joint tenant without survivorship the same way (Va. Code § 55.1-134). Have the deed state exactly how you hold title and what each owner’s share is.
Who uses it
- Unmarried partners and friends buying together.
- Family members and investors who want their own share to go to their own heirs.
- Blended families protecting children from a prior marriage.
Risks to plan for
- A co-owner’s heir may become your co-owner.
- Co-owners can disagree about repairs, bills and when to sell.
Put a written co-ownership agreement in place that covers payments, repairs, a buyout and a sale.
Compare your options
See joint tenants and tenants by the entirety. If one owner is not on the loan, read deed versus loan. Part of our guide to owning a home in Virginia.
Talk to Glenn and Gift before you buy
Questions about buying with someone else? Call 703-707-0334 or send us your question.
General information for Northern Virginia buyers, not legal or tax advice. Ask your settlement attorney, title company or CPA about your situation.
