Question 14

A concurrent owner may convey a partial interest

Tenancy in common allows each owner to hold an individual interest in the property, which means that a concurrent owner is permitted to convey or sell their share without the consent of the other owners.

A) The ownership interest of each tenant must be equal

This statement is incorrect because, in a tenancy in common, the ownership interests do not have to be equal. Each tenant can hold different percentages of the property, reflecting their individual contributions or agreements.

B) A concurrent owner may convey a partial interest

This statement is true as it reflects the fundamental characteristic of tenancy in common. Each co-owner has the right to transfer their interest in the property, which can be a partial interest, without needing approval from the other co-tenants.

C) There is no right of suit for partition

This statement is incorrect. In a tenancy in common, each co-owner has the right to file a suit for partition if they wish to end the co-ownership. This legal remedy allows a co-tenant to request that the property be divided or sold.

D) The last survivor will own the property in severally

This statement is misleading as it pertains more to joint tenancy than tenancy in common. In a tenancy in common, there is no right of survivorship; each tenant's share passes to their heirs upon death, rather than to the surviving co-owners.

Conclusion

The correct answer is that a concurrent owner may convey a partial interest, which is a defining feature of tenancy in common. All other options fail because they either misrepresent the nature of ownership in this arrangement or confuse it with characteristics of joint tenancy. Thus, understanding the rights associated with tenancy in common is essential for recognizing the flexibility it offers to co-owners.