MBE Rules · Real Property
Tenancy in common
The rule
Default form of concurrent ownership. Co-tenants have undivided right to possess the whole; shares may be unequal. No right of survivorship — interest passes through estate. Freely alienable.
In plain English
When two or more people own property together, each can use the entire property, even if they own different percentages. If one owner dies, their share goes to their heirs, not the other owners.
Worked example
Alex and Jamie buy a cabin together. Alex owns 60% and Jamie 40%. Alex can sell their share or leave it to someone in their will. If Alex dies, their 60% goes to their heirs, not Jamie.
Memory hook
Tenancy in Common: Divide, Don't Conquer. Co-tenants share possession, but no survivorship — interests pass through estates.
The trap
Students think: Co-tenants must have equal shares. Wrong, because shares can be unequal. The actual rule is undivided possession for all, regardless of share size.
How examiners test it
The MBE loves: siblings inherit property from parents. Question: do they have survivorship rights? Trap: assuming yes, but tenancy in common means interests pass to heirs.
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