Question 143

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

A) is void.

This option is incorrect because a deed that does not state fractional interests does not render the tenancy in common void. The deed remains valid, and the absence of specific fractions leads to a presumption of equal ownership rather than invalidity.

B) is presumed each owner has an equal interest.

This option is correct as it aligns with legal principles governing tenancies in common. When fractional interests are not specified in the deed, the default assumption is that all co-owners have equal shares in the property.

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

This option is incorrect because ownership shares are not determined by a majority vote among co-owners. Instead, the presumption of equal interest applies unless there is evidence to suggest otherwise.

D) becomes a joint tenancy.

This option is incorrect because a tenancy in common does not convert to a joint tenancy simply due to the lack of specified fractional interests. Joint tenancy requires specific language and conditions that differ from those of a tenancy in common.

Conclusion

The presumption of equal interest among co-owners when fractional shares are not stated ensures fairness and clarity in property ownership. Options A, C, and D fail to recognize the legal framework surrounding tenancies in common, while B correctly identifies the default assumption in such situations. Therefore, B is definitively the correct answer.