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Property OwnershipTenancy In CommonEASY

Which of the following best describes tenancy in common?

Correct Answer

B) Co-owners may hold unequal shares and there is no right of survivorship

Tenancy in common is a form of co-ownership in which each owner holds a separate, divisible interest in the property. Interests may be equal or unequal, and there is no right of survivorship — when a tenant in common dies, their share passes to their heirs or through their estate, not automatically to the other co-owners. Each co-owner may also freely sell, transfer, or mortgage their individual interest without the consent of the others.

Answer Options
A
Co-owners must hold equal shares and have a right of survivorship
B
Co-owners may hold unequal shares and there is no right of survivorship
C
Co-owners cannot sell or transfer their individual interest without consent of all other owners
D
Ownership is available only to married couples

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Background Knowledge for Property Ownership

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Related Topics & Key Terms

Related Topics:

joint tenancypartition actionintestate successionco-ownershipDelaware default tenancy rules

Key Terms:

tenancy in commonunequal sharesno right of survivorshipfreely transferableco-ownership

Related Concepts

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.

Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.

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