Two co-buyers in California each want to ensure their respective share of a jointly purchased property passes to their own children upon death, rather than to the surviving co-owner. Which form of title ownership accomplishes this goal?
Correct Answer
C) Tenancy in common
Tenancy in common is the only form listed that gives each co-owner a freely devisable fractional interest. Under California Probate Code §6101, a tenant in common may will their undivided share to any named beneficiary, including children from a prior relationship, with no restriction imposed by the co-ownership structure itself.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.
An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.
An easement by necessity is created by court order when a property is landlocked and has no access to a public road. It arises from the necessity of accessing the property, not from long-term use.
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