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How will John and Sue take title if they agree to purchase a timeshare as tenants in common?

  1. Joint Tenancy with Right of Survivorship

  2. Tenants in Common

  3. Joint Ownership

  4. Community Property

The correct answer is: Tenants in Common

When John and Sue agree to purchase a timeshare as tenants in common, they are choosing a form of co-ownership where each party holds a separate and distinct share of the property. This means that each can independently sell, transfer, or will their share of the property without the consent of the other co-owner. In a tenancy in common, there is no right of survivorship, meaning that when one owner passes away, their share does not automatically go to the other owner but instead can be inherited by their designated heirs or beneficiaries. This arrangement contrasts with other forms of ownership, such as joint tenancy with right of survivorship, where the surviving co-owner automatically inherits the deceased co-owner’s share. Additionally, joint ownership is a broader term that does not specifically describe the rights involved, while community property typically pertains to property acquired during marriage and shared between spouses. Thus, selecting tenants in common clearly indicates the nature of their intended ownership and the rules that govern their relationship to the timeshare.