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Property Descriptionmedium20% of exam

A tenancy in common differs from joint tenancy in that tenancy in common:

Correct Answer

A) Has no right of survivorship among the owners

Why this is correct: Tenancy in common interests are separate and transferable, so they pass to heirs upon death, not automatically to the other owners (no right of survivorship). Why the other choices are wrong: 'Requires all owners to hold equal shares' is false; shares can be unequal. 'May only be held by married couples' describes tenancy by the entirety. 'Terminates automatically upon any owner's death' describes a life estate, not a tenancy in common. Exam tip: Remember: Joint tenancy has the 'four unities' and right of survivorship; tenancy in common does not.

Answer Options
A
Has no right of survivorship among the owners
B
Requires all owners to hold equal shares
C
May only be held by married couples
D
Terminates automatically upon any owner's death

Why This Is the Correct Answer

Why this is correct: Tenancy in common interests are separate and transferable, so they pass to heirs upon death, not automatically to the other owners (no right of survivorship). Why the other choices are wrong: 'Requires all owners to hold equal shares' is false; shares can be unequal. 'May only be held by married couples' describes tenancy by the entirety. 'Terminates automatically upon any owner's death' describes a life estate, not a tenancy in common. Exam tip: Remember: Joint tenancy has the 'four unities' and right of survivorship; tenancy in common does not.

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