Concurrent Estates: Tenants in Common

Question 1

What is “Tenants in Common”?

Answer 1

2+ owners WITHOUT survivorship

Question 2

What are the 3 characteristics of TIC?

Answer 2

(1) Each co-tenant owns an individual part, and each has right to possess the whole
(2) devisable, descendible, and alienable  NO survivorship rights [Exam Tip: This is most likely to be tested]
(3) Tenancy in common = favored (presumed)

Question 3

May tenants in common own unequal parts?

Answer 3

Yes, unlike JT’s

Question 4

What is the rule w regards to creation of TIC?

Answer 4

• it is PRESUMED if there is no express language to create right of survivor ship

FOR example, is O grants to “A and B as joint tenants” it is presumptively a tenancy in common