A tenant in common can.

a. sell, encumber or transfer his or her interest to an outside party without the consent of the other tenants in common.
b. use his or her interest in the estate to encumber the entire estate.
c. sell, encumber or transfer his or her interest only to the other tenants in common.
d. sell, encumber or transfer his or her interest only with the consent of all the other tenants in common.

A. sell, encumber or transfer his or her interest to an outside party without the consent of the other tenant in common.

Explanation: A tenant in common means the situation whereby each owner of a property is considered by the statute as having ownership of different and separate shares of the same estate but the interest may be different in quantity.

In this case, if a tenant in common dies, the dead tenant’s interest in the property will become his property and inherited by the owner’s heirs either by a lawful document that conveys an individual’s wishes as to how his or her estate is to be allocated and managed upon death or by the law of distribution that determines who is entitled to property under rules of inheritance. Therefore, the right of an owner to sell or transfer one’s interest to others during his or her lifetime is not affected and the co-owner is not consented before making the decision.

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