Under Tennessee law, all of the following are characteristics of a tenancy in common EXCEPT:
Correct Answer
D) A co-owner's interest passes to surviving co-owners automatically upon death
Automatic survivorship is NOT a characteristic of tenancy in common — it is the feature that distinguishes joint tenancy and tenancy by the entirety. In a Tennessee tenancy in common, when a co-owner dies, their interest passes through their estate (by will or intestate succession), NOT automatically to the surviving co-owners. The absence of survivorship rights is one of the defining features of tenancy in common.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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