Property Ownership

In Minnesota, which of the following is a characteristic of a 'tenancy in common'?

AEach co-owner holds an equal share that cannot be transferred independently
BEach co-owner holds an undivided interest that may be of unequal size and is freely transferable without the other co-owners' consent✓ Correct
CThe right of survivorship passes a deceased owner's share to the other co-owners
DAll tenants in common must use the property simultaneously

Explanation

In a tenancy in common, each co-owner holds a separate, undivided interest that: (1) may be of unequal size, (2) can be transferred independently without other co-owners' consent, and (3) passes according to the owner's will (or intestacy) upon death—there is no right of survivorship. Tenancy in common is the default co-ownership form in Minnesota.

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