A tenant in common’s interest forms part of his estate on his death and passes according to his will (a disposition or declaration by which the person making it provides for the distribution or administration of his property after his death) or the laws of intestacy (a person dying without a will). The main legislation on intestacy is the Intestates’ Estate Ordinance , Cap. 73 , Laws of Hong Kong.

A tenancy in common must display unity of possession. A tenant in common is regarded as holding a distinct yet undivided share in the property independently of the other co-owner(s). Each tenant in common holds a separate interest in the property. While the interests of joint tenants are equal, the shares of tenants in common may be unequal.