Which is NOT a characteristic of tenancy in common?

Which is NOT a characteristic of tenancy in common?

• A. There is a right of survivorship
• B. There is an undivided ownership interest
• C. Each co-owner may transfer their interest
• D. Each owner may have a different fractional share

Answer: (A)

A right of survivorship is not a feature of tenancy in common. In tenancy in common there is no automatic transfer of a deceased co-owner’s interest to the other co-owners; instead, that interest passes to the deceased owner’s heirs or as dictated by their will. The other statements describe true aspects of tenancy in common: co-owners hold undivided use of the property, each can transfer their own interest without needing others’ consent, and shares can be different fractions. The survivorship concept belongs to joint tenancy, not tenancy in common.

A right of survivorship is not a feature of tenancy in common. In tenancy in common there is no automatic transfer of a deceased co-owner’s interest to the other co-owners; instead, that interest passes to the deceased owner’s heirs or as dictated by their will. The other statements describe true aspects of tenancy in common: co-owners hold undivided use of the property, each can transfer their own interest without needing others’ consent, and shares can be different fractions. The survivorship concept belongs to joint tenancy, not tenancy in common.