Question 1 of 18
A client says two investors taking title 60/40 must be joint tenants because both own the same property. How would you explain tenancy in common?
Strong Interview Answer
Tenants in common hold undivided interests that may be equal or unequal. Each interest is generally separately transferable, and there is no automatic right of survivorship. A 60/40 split is therefore entirely consistent with tenancy in common.
What to Listen For
- undivided interests
- unequal shares permitted
- separate transferability
- no automatic survivorship
Caution
Do not say co-owners must act as one owner or that every shared title creates survivorship.