What is the defining characteristic of tenants in common in property law?

The defining characteristic of tenants in common in property law is that interest passes to the deceased tenant's heirs. This means that when one co-owner dies, their share of the property does not automatically go to the other co-owners but instead is inherited by their beneficiaries or heirs as specified in their will or by state laws if there is no will. This aspect creates flexibility in ownership, allowing different owners to hold varying percentages of the property, and ensures that each individual's share can be passed down according to their wishes, unlike joint tenancy, where the right of survivorship applies.

In contrast, the other options relate to different forms or aspects of property ownership. For instance, in joint tenancy, the interest does pass to surviving tenants upon death, which reflects a key feature of that ownership type. The option about requiring equal ownership pertains to joint tenancy as well, as this form of ownership necessitates that all tenants share equal ownership interests. The mention of transferring to a trust upon death does not pertain specifically to tenants in common, as this is a separate legal mechanism and not a characteristic of how tenants in common hold interest in a property.