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Real estate glossaryNational exam concept

Tenancy in common

Tenancy in common is concurrent ownership in which each co-owner holds a separate undivided interest, interests may be unequal, and no automatic right of survivorship exists.

Exam area: Property Ownership

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What does “tenancy in common” mean in real estate?

Tenancy in common is concurrent ownership in which each co-owner holds a separate undivided interest, interests may be unequal, and no automatic right of survivorship exists.

How is “tenancy in common” different from the closest wrong answer?

A tenant in common's interest passes by deed, will, or intestacy. A joint tenancy with survivorship passes the deceased owner's interest to the surviving joint tenant or tenants.

What is the Georgia-specific rule?

Georgia presumes tenancy in common when an instrument names multiple owners unless it expressly creates joint tenancy with survivorship or uses equivalent language.

Worked exam example

Scenario

A deed names Ava with a 70 percent interest and Ben with 30 percent, without survivorship language. They own as tenants in common.

What is the most common exam trap?

Trap correction

Undivided does not mean equal. Each owner has a right to possess the whole, while economic shares can differ.

Original exam check

Apply the definition

A Georgia deed conveys a lot to Nia with a 60 percent share and Omar with a 40 percent share, with no survivorship language. Omar dies with a will leaving everything to his sister. Who owns Omar's 40 percent?

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Continue with Property Ownership complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.