question archive Robert and Samantha own a home together as tenants in common
Robert and Samantha own a home together as tenants in common
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Robert and Samantha own a home together as tenants in common. Robert dies and leaves his estate to Leonard. Samantha claims she is now the sole owner of the home as the surviving tenant. Who owns the home?
a. Samantha and Leonard each own an undivided interest.
b. Samantha owns the home because Robert’s interest died with him.
c. Robert’s heirs at law own the home because an interest in real property cannot pass through a will.
d. The home must be sold and the proceeds split between Samantha and Leonard because they are not tenants in common.
e. Leonard owns the home because the tenancy in common (and Samantha’s interest) died with Robert.
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Answer:
a. Samantha and Leonard each own an undivided interest.
Samantha and Leonard both owns the property because deceased tenant in common’s interest belongs to their estate so Leonard can have share in the property and owner’s interest is automatically transferred to the surviving owners.
