California Real Estate SalespersonProperty Ownership and Land Use ControlsEasy
A deed conveys title to three unmarried friends, Dana, Eli, and Frank, as co-owners but does not specify the form of ownership. Under California law, what form of title do they hold?
- AJoint tenancy
- BTenancy in common
- CTenancy in partnership
- DCommunity property
Show answer & explanationAnswer & explanation
Correct answer: B. Tenancy in common
When a deed to unmarried persons is silent on the form of co-ownership, California presumes tenancy in common, which allows unequal interests and no right of survivorship.
Why the other options are wrong
- A. Joint tenancy requires express language creating survivorship rights.
- C. Tenancy in partnership applies to business partners holding partnership property, not general co-owners.
- D. Community property applies only to married couples or registered domestic partners.
Tenancy in Common (Default Rule)
The presumed form of co-ownership in California when a deed to multiple unmarried grantees does not specify joint tenancy or another form.
- No right of survivorship
- Interests can be unequal
- Each owner can transfer or will their share separately
Memory trick: Silent deed? Think 'Common' — no survivorship guaranteed.