The ownership documents expressly create tenancy in common without a separate survivorship provision. Unlike an expressly created joint tenancy with survivorship, that arrangement:
Correct Answer
A) Has no survivorship right among owners
Under the stipulated tenancy-in-common arrangement, a deceased owner’s share does not automatically accrue to the other co-owners by a tenancy-based survivorship right. Transfer follows applicable succession and ownership arrangements. Tenants in common may hold unequal shares; distinguish this from an expressly created joint tenancy with survivorship.
Why This Is the Correct Answer
Option A is correct because tenancy in common has no right of survivorship, while survivorship is a significant feature of joint tenancy. When a tenant in common dies, that owner's share does not pass to the other co-owners by a survivorship right. It passes under the applicable succession arrangements instead.
Why the Other Options Are Wrong
Option B: Requires all owners to hold equal shares
Option B is wrong because tenants in common do not have to hold equal shares. Unequal undivided interests, such as 60% and 40%, are permitted in a tenancy in common.
Option C: Is reserved for legally married couples
Option C is wrong because tenancy in common is not reserved for legally married couples. Unrelated persons, business partners or relatives can hold title as tenants in common.
Option D: Terminates when any one owner dies
Option D is wrong because the tenancy does not terminate when any one owner dies. The deceased owner's share passes to heirs or devisees, and the co-ownership continues with the new owner.
Common shares go to heirs
In tenancy in common, each owner's share goes to that owner's heirs, not to the co-owners.
How to use: Use this line when a question contrasts tenancy in common with joint tenancy.
Exam Tip
When survivorship is the issue, joint tenancy has it and tenancy in common does not.
Common Mistakes to Avoid
- -Assuming tenants in common must hold equal shares
- -Believing a tenancy in common ends when one owner dies
- -Confusing tenancy in common with joint tenancy survivorship
Concept Deep Dive
Analysis
This question tests the main difference between tenancy in common and joint tenancy with survivorship. The documents create a tenancy in common with no separate survivorship provision. The distinguishing feature is that tenants in common have no tenancy-based right of survivorship.
Background Knowledge
Co-ownership forms define how title is shared and how it passes on death. Joint tenancy carries a right of survivorship, so a deceased owner's interest passes to the surviving joint tenants. Tenancy in common lacks survivorship and allows unequal shares, so each share passes through the owner's estate.
Real-World Application
An appraiser is asked to value a property held by two siblings as tenants in common after one sibling dies. The appraiser notes from the title documents that the deceased sibling's share passes through the estate rather than to the surviving sibling.
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