Three siblings — Ava, Ben, and Carla — inherit a farmhouse in Missouri as tenants in common, each holding an undivided one-third interest. Ava wants to sell her share without the consent of her siblings. Under Missouri law, which statement is correct?
Correct Answer
A) Ava may sell her one-third interest to a third party without obtaining her siblings' consent.
In a Missouri tenancy in common, each co-owner holds a separate, alienable interest in the property. Ava may freely sell, mortgage, or otherwise transfer her undivided one-third interest to any third party without the knowledge or consent of Ben and Carla. The buyer would then step into Ava's position as a tenant in common with Ben and Carla.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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