Question

To hold real property as tenants in common, individuals must:

Selections

A. Be husband and wife

B. Hold equal interests

C. Arrange for possession

D. Hold undivided interests

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Answer: D

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5 Keys Summary

• To hold real property as tenants in common, individuals must hold undivided interests in the property.

• 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.

• Tenants in Common are explicitly not required to hold equal interests; they may hold specified and unequal shares, such as 75% and 25%.

• This form of shared ownership is commonly used by parties who are not married, meaning being husband and wife is not a requirement.

• 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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