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Pass California

Ownership and Land Use, 15% of the examination

Tenancy in common

Co-ownership with no right of survivorship, permitting unequal shares.

Each co-tenant holds an undivided interest with an equal right to possess the whole, regardless of share size. On death the interest passes to the owner's heirs or devisees. A co-tenant generally may seek partition through a court, subject to enforceable agreements and statutory limitations.

See also

Joint tenancyCo-ownership in equal shares with right of survivorship. The traditional four unities are time, title, interest and possession, subject to California statutory creation rules.

Test the distinction

A relevant question from Transfer of Property, selected because its facts or explanation use this concept.

Transfer of Property ยท 8%Types of Vesting

Which statement correctly describes California tenancy in common?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.

Primary sources

Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.

Where this is tested

Property Ownership and Land Use Controls and RegulationsWhat can be owned, how it is held, and what limits its use. Distinguish ownership interests, public and private controls, environmental hazards, and California water-rights rules.15%Practice Ownership and Land Use35 questions on this area, every option explained.Practice

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