Question 122

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.

When a deed does not specify the fractional interests of co-owners in a tenancy in common, the law typically presumes that each co-owner has an equal share in the property.

A) is void

This option is incorrect because a tenancy in common does not become void simply due to the absence of specified fractional interests. The deed remains valid, and the co-owners can still hold the property together.

B) is presumed each owner has an equal interest

This statement is accurate because, in the absence of specified fractional interests in a deed creating a tenancy in common, the default legal presumption is that all co-owners share equal ownership rights in the property.

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

This option is incorrect as the fractional interests do not require a majority vote to be established. The law prescribes equal shares when the deed is silent on this matter, eliminating the need for voting among co-owners.

D) becomes a joint tenancy

This option is incorrect because a tenancy in common does not automatically convert into a joint tenancy simply due to the lack of specified fractional interests. The two forms of ownership have distinct legal characteristics and requirements.

Conclusion

The presumption of equal interest among co-owners in a tenancy in common when fractional interests are unspecified is a fundamental principle of property law. Options A, C, and D misinterpret the nature of tenancy in common and its legal implications, while Option B accurately reflects the legal presumption that applies in such situations.