Three siblings — Ava, Ben, and Clara — inherit a rental property in Tacoma as tenants in common, each holding an equal one-third interest. Ben decides to sell his share to his friend Derek without consulting Ava or Clara. Under Washington law, which statement is correct?
Correct Answer
B) Ben may freely transfer his one-third interest to Derek without the other co-owners' consent
Under Washington law, a tenant in common holds a distinct, undivided fractional interest in the property that is freely alienable. Ben may sell, gift, or otherwise transfer his one-third interest to any third party without obtaining consent from his co-tenants. Derek would then become a tenant in common with Ava and Clara.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
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.
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