David and Susan purchased real estate as tenants in common. Which statement is NOT true?

• A. Each owner has an undivided interest in the property.
• B. Each owner's interest can be transferred without the other's consent.
• C. Upon a co-owner’s death, the deceased's share passes to the surviving co-owners automatically.
• D. Co-owners may own unequal interests.

Answer: (C)

Tenants in common means co-owners share the right to possess the whole property, but each owner holds a separate, potentially unequal, interest. A key feature is the lack of right of survivorship: when one owner dies, that owner’s share goes to their heirs or estate, not to the surviving co-owners. That makes the statement about the deceased’s share passing automatically to the survivors incorrect. The other truths align with tenancy in common: each owner has an undivided right to possess the property, you can transfer your own interest without the other owner’s consent, and co-owners may own unequal portions.