Florida Real Estate Broker ExaminationReal Estate Law and RegulationsEasy
A parcel of land in Florida is owned by two individuals, Alex and Ben, as tenants in common. Alex dies, leaving a will that devises his entire estate to his niece, Carol. What is the status of ownership of the land after Alex's death?
- ACarol inherits Alex's one-half interest in the parcel, and she becomes a tenant in common with Ben.
- BThe property must be sold, and the proceeds divided equally between Ben and Carol.
- CBen automatically becomes the sole owner of the entire parcel due to the right of survivorship.
- DBen and Carol become joint tenants, each owning an undivided one-half interest.
Show answer & explanationAnswer & explanation
Correct answer: A. Carol inherits Alex's one-half interest in the parcel, and she becomes a tenant in common with Ben.
Tenancy in common does not include the right of survivorship. Upon the death of a tenant in common, their interest passes to their heirs or devisees according to their will or intestate succession, not to the surviving co-owner(s).
Why the other options are wrong
- B. A sale would only occur if agreed upon or ordered by a court in a partition action, not automatically upon death.
- C. The right of survivorship is characteristic of joint tenancy, not tenancy in common.
- D. Joint tenancy requires the four unities (possession, interest, time, title) and specific intent; it does not automatically arise from tenancy in common upon death.
Tenancy in Common (TIC)
A form of co-ownership in real property where two or more individuals hold an undivided interest, but there is no right of survivorship.
- Each co-owner holds a distinct, undivided interest.
- Interests can be unequal (e.g., 60/40).
- No right of survivorship; interest passes to heirs/devisees.
- Each co-owner can sell, mortgage, or devise their interest independently.
Memory trick: Tenants in Common: Their share goes to their kin, not their co-owner's bin.