Under Maine property law, which of the following is NOT a characteristic of tenancy in common?
Correct Answer
C) A deceased co-owner's interest automatically passes to the surviving co-owners
Option C describes the right of survivorship, which is the defining feature of joint tenancy — NOT tenancy in common. In a tenancy in common, when a co-owner dies, their interest does not automatically pass to the surviving co-owners. Instead, it passes through the deceased's estate according to their will or Maine's intestacy laws. This is one of the most fundamental distinctions between the two forms of co-ownership tested on the Maine exam.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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