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Under Oklahoma law, all of the following statements about tenancy in common are true EXCEPT:

Correct Answer

C) Upon the death of one co-owner, that owner's interest automatically passes to the surviving co-owners.

Option C is the FALSE statement and therefore the correct answer to this EXCEPT question. In a tenancy in common, there is NO right of survivorship. When a tenant in common dies, their interest passes to their heirs or devisees through their estate—NOT automatically to the surviving co-owners. Automatic transfer to surviving co-owners is the defining characteristic of joint tenancy, not tenancy in common. This is a fundamental distinction that the Oklahoma state exam frequently tests.

Answer Options
A
Each co-owner holds an undivided interest in the entire property.
B
Co-owners may hold unequal percentage interests in the property.
C
Upon the death of one co-owner, that owner's interest automatically passes to the surviving co-owners.
D
Any co-owner may bring a partition action to force a division or sale of the property.

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Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

tenancy_in_commonsurvivorshipco_ownershippartitionreverse_question

Related Concepts

Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.

Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.

In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.

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