Adam and Beth own a property in Salem, Massachusetts as tenants in common. Which of the following statements about their tenancy in common is NOT accurate under Massachusetts law?
Correct Answer
C) If Adam dies without a will, his interest automatically passes to Beth by right of survivorship
Option C is the NOT accurate statement. Tenancy in common does not include a right of survivorship. If Adam dies without a will, his interest passes through the Massachusetts intestacy laws to his heirs — it does not automatically pass to Beth. The right of survivorship is a feature of joint tenancy and tenancy by the entirety, not tenancy in common. This is one of the most frequently tested distinctions on the Massachusetts real estate exam.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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