Marcus and his sister Diane purchase a property in Virginia. The deed states they hold the property 'as tenants in common.' Marcus later dies intestate, leaving two adult children. Which statement BEST describes what happens to Marcus's interest in the property?
Correct Answer
A) Marcus's interest passes to his two children through Virginia's intestacy laws.
Under tenancy in common, each co-owner holds a separate, distinct share with no right of survivorship. When Marcus dies intestate (without a will), his interest passes to his heirs according to Virginia's laws of intestate succession — in this case, his two adult children. The children become co-owners alongside Diane.
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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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