Question 55

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 tenancy in common, the law presumes that each co-owner possesses an equal share of the property. This principle ensures fairness among co-owners when their contributions or shares are not explicitly detailed in the deed.

A) is void.

A deed creating a tenancy in common is not rendered void simply due to the lack of stated fractional interests. The deed remains valid and enforceable; it is the interpretation of interests that is affected, not the validity of the deed itself.

B) is presumed each owner has an equal interest.

This option accurately reflects the legal presumption that arises when fractional interests are not expressly stated. When a deed does not specify the shares, it is legally assumed that all co-owners have equal interests in the property, promoting equitable treatment among them.

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

This option is incorrect as it implies that decisions about ownership interests can be settled through a majority vote. Ownership shares, especially in a tenancy in common, are determined by the deed or legal presumption, not by a voting process among the co-owners.

D) becomes a joint tenancy.

This statement is inaccurate because a tenancy in common does not automatically convert into a joint tenancy if fractional interests are not specified. The two tenancy types have distinct characteristics and requirements, and such a transformation would not occur without explicit intent in the deed.

Conclusion

The presumption of equal interests in a tenancy in common when fractional shares are not stated is a critical legal principle that promotes fairness among co-owners. Options A, C, and D misrepresent the nature of tenancy in common or the legal implications of the deed, thus affirming that B is the definitive answer.