Question 71

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 that establishes a tenancy in common does not specify the fractional interests of the co-owners, it is legally presumed that each co-owner has an equal interest in the property.

A) is void.

This option is incorrect because a deed that does not specify fractional interests does not become void. It remains a valid deed, and the absence of specific interests does not invalidate the tenancy in common.

B) is presumed each owner has an equal interest.

This option is correct as it aligns with property law principles. In the absence of specified fractional interests in a tenancy in common, the law assumes that all co-owners hold equal shares in the property.

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

This option is incorrect because the determination of fractional interests does not require a majority vote among the tenants. Instead, the law automatically presumes equal interests when no specifics are provided.

D) becomes a joint tenancy.

This option is incorrect as well because a tenancy in common does not convert into a joint tenancy simply due to the lack of specified fractional interests. A joint tenancy requires specific legal language and intent, which is not fulfilled in this scenario.

Conclusion

The presumption of equal interest among co-owners in a tenancy in common, when fractional interests are not stated, is a fundamental aspect of property law. This understanding ensures that all parties have equitable rights to the property, while the other options either misinterpret legal principles or incorrectly describe the effects of the deed.