Question
nnnnTo hold real property as tenants in common, individuals must:
nnnnSelections
nnnnA. Be husband and wife
nnnnB. Hold equal interests
nnnnC. Arrange for possession
nnnnD. Hold undivided interests
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Answer: D
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5 Keys Summary
nnnn• To hold real property as tenants in common, individuals must hold undivided interests in the property.
nnnn• An undivided interest means each co-owner has a share in the whole property rather than a claim on a specific, physically divided portion of the land.
nnnn• Tenants in Common are explicitly not required to hold equal interests; they may hold specified and unequal shares, such as 75% and 25%.
nnnn• This form of shared ownership is commonly used by parties who are not married, meaning being husband and wife is not a requirement.
nnnn• Each co-owner retains an equal right to possess and occupy the entire property, a factor known as “unity of possession”.
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