Three people have identical rights in a property, share an indivisible interest, but may sell or transfer their interest without consent of the others. This type of ownership is:

Study for the Alabama Real Estate Exam. Prepare with comprehensive quizzes covering key course materials and practice your test-taking skills. Become confident and ready to excel!

In the scenario described, the type of ownership is best characterized as tenancy in common. This form of co-ownership allows multiple individuals to hold an individual, undivided interest in a property. Each tenant in common possesses a share of the property, but it is important to highlight that these shares do not need to be equal; one tenant may own a larger portion than another.

What sets tenancy in common apart from other forms of property ownership, such as joint tenancy or tenancy by the entirety, is the ability of each co-owner to transfer, sell, or encumber their individual interest without requiring the consent of the other co-owners. This flexibility in transferring rights makes it a popular choice for multiple owners who wish to maintain separate control over their respective shares.

In contrast, joint tenancy includes the right of survivorship, meaning if one owner passes away, their share automatically transfers to the remaining owners, which is not the case in tenancy in common. Tenancy by the entirety is reserved for married couples and also includes a right of survivorship, while an estate in severalty implies sole ownership with no co-owners involved. Each of these forms presents different rights and responsibilities regarding the ownership of the property, making tenancy in common the correct identification in this

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy