Which statement describes tenancy in common?
Correct Answer
D) Undivided interests that can be sold or willed, with no survivorship
Tenants in common hold separate, undivided interests in the whole property; each may sell, pledge or pass the interest to heirs, and there is no right of survivorship as in joint tenancy.
Why This Is the Correct Answer
Option D is correct because tenants in common hold separate, undivided interests in the entire property. Each co-owner may sell, pledge or pass the interest to heirs, and there is no right of survivorship as in joint tenancy.
Why the Other Options Are Wrong
Option A: Each co-owner owns a specified, separately bounded part of the land
Option A, that each co-owner owns a specified, separately bounded part of the land, is wrong because tenants in common hold undivided interests in the whole, not physically separate portions.
Option B: Surviving co-owners receive a deceased co-owner’s share by survivorship
Option B, that surviving co-owners receive a deceased co-owner's share by survivorship, describes joint tenancy. Tenancy in common has no right of survivorship; a deceased owner's share passes to heirs or by will.
Option C: It requires the co-owners to be legally married to each other
Option C, that the co-owners must be legally married, is wrong because tenancy in common does not require any marital relationship. Unrelated people commonly hold title this way.
Common shares go to heirs
In tenancy in common, each undivided share is yours to sell or will; survivorship belongs to joint tenancy.
How to use: Use this to distinguish tenancy in common from joint tenancy on exam questions.
Exam Tip
If an option mentions survivorship, it points to joint tenancy, not tenancy in common.
Common Mistakes to Avoid
- -Assigning survivorship rights to tenants in common
- -Thinking each tenant in common owns a separate physical portion
- -Believing co-owners must be married
Concept Deep Dive
Analysis
This question tests the defining features of tenancy in common. Tenants in common each hold a separate, undivided interest in the whole property that can be sold, pledged or passed to heirs, and there is no right of survivorship. The wrong choices describe partitioned ownership, joint tenancy, or a marital requirement.
Background Knowledge
Forms of co-ownership affect the rights being appraised. Tenancy in common allows unequal shares and free transfer of each share, while joint tenancy includes survivorship. Ownership forms tied to marriage, where recognized, are separate concepts from tenancy in common.
Real-World Application
Two unrelated investors buy a duplex as tenants in common. When one dies, that investor's share passes under the will to a family member rather than to the surviving investor. An appraiser valuing a fractional interest considers that the shares are undivided.
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