Marcus and his sister Diane each own a 50% undivided interest in a rental house in Birmingham. Marcus dies intestate, and his share passes to his heirs through probate. What form of co-ownership did Marcus and Diane most likely hold?
Correct Answer
C) Tenancy in common
Tenancy in common allows each co-owner to hold an undivided interest that passes through their estate (via will or intestate succession) upon death — there is no right of survivorship. The fact that Marcus's share went through probate to his heirs, rather than automatically to Diane, confirms this was a tenancy in common.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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