What is a tenancy in common?

Prepare for the Real Property Multistate Bar Exam with detailed quizzes, flashcards, and multiple choice questions. Each question includes hints and explanations to help you understand key concepts and excel in your test!

The correct answer is that a tenancy in common is a form of concurrent ownership where each co-owner has an undivided interest in the property. In a tenancy in common, two or more individuals can own a property together, but each person's interest is separate and distinct. This means that each co-owner has the right to possess and use the entire property, even though they may only own a specific percentage of it.

A key feature of a tenancy in common is that it does not include rights of survivorship, which differentiates it from joint tenancy. In a joint tenancy, if one co-owner dies, their ownership interest automatically passes to the surviving co-owners. In contrast, in a tenancy in common, a deceased co-owner’s interest passes to their heirs or as directed by their will, maintaining the distinct interests of each co-owner.

This form of ownership is particularly useful in various contexts, such as when multiple family members, friends, or business partners invest in real property together. Each co-owner's ability to independently transfer or sell their share contributes to the flexibility and versatility of this ownership structure.

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