Which statement best characterizes a tenancy in common?

• A. Tenants can will a partial interest in the property
• B. They must own equal shares
• C. Ownership passes automatically to heirs in equal shares
• D. None of the owners can will their interest

Answer: (A)

In a tenancy in common, each owner holds a separate, transferable interest in the property that is undivided but not tied to the others’ shares. The key point is that there is no right of survivorship, so when a co-owner dies, their interest passes to their heirs or as they’ve directed in a will, not automatically to the other co-owners. Because each owner has a distinct interest, they can dispose of part or all of their share through a will or sale. That makes the statement about being able to will a partial interest the best description of how tenancy in common works.

Why the other statements don’t fit: ownership shares in a tenancy in common don’t have to be equal, unlike some other forms of co-ownership. Also, ownership does not automatically pass to heirs in equal shares; it goes to the heirs or to the legatee named in the deceased owner’s will, or according to intestate law if there’s no will, which may allocate differently. And it is possible to will your interest, so the statement that none of the owners can will their interest is incorrect.