Massachusetts Real Estate License Practice Test

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Prepare for the Massachusetts Real Estate Exam. Master essential concepts with flashcards and multiple-choice questions. Each question offers hints and explanations to boost your confidence. Get ready to pass!

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What happens to the share of a deceased owner in a tenancy in common?

  1. It goes to the surviving owners

  2. It is transferred to the state

  3. It passes to the heirs of the deceased

  4. It remains in joint ownership

The correct answer is: It passes to the heirs of the deceased

In a tenancy in common, each co-owner has a distinct share of the property that can be sold, transferred, or inherited separately from the other owners' shares. When one owner passes away, their share does not automatically transfer to the surviving owners, but instead, it is passed to the heirs of the deceased as determined by their will or, in the absence of a will, by state intestacy laws. This is a fundamental characteristic of tenancy in common, distinguishing it from joint tenancy, where the right of survivorship applies, and the surviving owners inherit the deceased owner's share. The heirs will take ownership just like the original owner would have, ensuring that the property can continue to be passed down across generations even as co-owners change over time.