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Question 1
What form of ownership exists when a single individual holds title to a property alone, with no other owners?
Answer: Ownership in severalty. The term 'severalty' means the owner is 'severed' from all others, holding title entirely alone.
Question 2
What are the four unities required to create a valid joint tenancy in California?
Answer: Time, Title, Interest, and Possession (TTIP). All four must exist simultaneously for a joint tenancy to be valid.
Question 3
What is the key distinguishing feature of joint tenancy that does NOT exist in tenancy in common?
Answer: The right of survivorship. When a joint tenant dies, their interest automatically passes to the surviving joint tenant(s), bypassing probate.
Question 4
Under tenancy in common in California, what happens to a co-owner's interest when they die?
Answer: The deceased co-owner's interest passes according to their will or intestate succession — it does NOT automatically transfer to the other co-owners.
Question 5
In a tenancy in common, must all co-owners hold equal shares of ownership?
Answer: No. Co-owners in a tenancy in common may hold unequal shares (e.g., one owns 60%, another owns 40%), unlike joint tenancy which requires equal interests.