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The State Bar of California (Remote) First-Year Law Students' Examination (FYLSX) - Community by throwaway_8233.pdf
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Two co-owners of a residential property hold title as tenants in common. One co-owner dies and leaves her will devising her interest in the property to her adult daughter. What happens to the deceased co-owner's interest in the property?
- A.It passes to the surviving co-owner by right of survivorship, because tenants in common share equally.
- B.It reverts to the original grantor under a resulting trust.
- C.It passes to the deceased co-owner's devisee, because a tenancy in common includes the right to transfer one's interest by will.
- D.It becomes a tenancy by the entirety with the surviving co-owner.
Correct Answer: C
Tenants in common each hold an undivided fractional interest that is freely transferable, including by will or intestacy. There is no right of survivorship in a tenancy in common; on death, the interest passes to the heirs or devisees rather than to the surviving co-tenants.
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