Question 6

If a deed creating a tenancy in common does NOT state the fractional interest of each co-owner, it is presumed each owner has an equal interest.

In the absence of specified fractional interests in a deed for a tenancy in common, it is legally presumed that each co-owner holds an equal share of the property. This presumption ensures fairness and equal rights among co-owners in the absence of contrary evidence.

A) is void.

This option is incorrect because a deed that fails to specify fractional interests does not render the entire deed void. The deed is still valid; it simply defaults to the presumption of equal interest among the co-owners.

B) is presumed each owner has an equal interest.

This option is correct as it aligns with the legal principle governing tenancies in common. When fractional interests are not explicitly stated in the deed, the law presumes that all co-owners hold an equal share, ensuring equitable treatment among them.

C) must be determined by a majority vote of the tenants.

This option is incorrect because the determination of ownership shares in a tenancy in common does not require a majority vote. The law inherently defaults to equal interests unless specified otherwise in the deed.

D) becomes a joint tenancy.

This option is incorrect as the lack of specified fractional interests does not convert a tenancy in common to a joint tenancy. Joint tenancies require specific language and conditions that are not met simply by the absence of fractional interests.

Conclusion

The correct answer is that it is presumed each owner has an equal interest when a deed does not specify fractional shares. Other options fail because they misinterpret the legal principles surrounding tenancies in common, either by suggesting invalidity or incorrectly altering the nature of the ownership.