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RES exam question on Torts, Mortgages & Co-ownership: now owns the house

HardProperty Torts, Mortgages & Co-ownership · Paper 1

Anna, Ben and Chen hold a house as joint tenants. In 2024 Anna sells her interest to Dev, and the transfer is registered. In 2026 Ben dies, leaving a will that gives everything he owns to his son. Who now owns the house, and how?

  1. ADev and Chen each hold one-half, Ben's interest having passed by survivorship to both of them.
  2. BChen holds the whole house by survivorship, Anna's sale having failed without the others' consent.
  3. CDev holds one-third as tenant in common; Chen holds two-thirds, having taken Ben's interest by survivorship.
  4. DDev, Chen and Ben's son each hold one-third, Ben's interest passing under his will.
Show answer & explanation

Answer

C. Dev holds one-third as tenant in common; Chen holds two-thirds, having taken Ben's interest by survivorship.

Explanation

Answer: Dev holds one-third as tenant in common and Chen holds two-thirds. Anna's sale severed only her share, and Ben's interest passed to Chen by survivorship.Rule: A joint tenant who deals with her own share severs it, and that share becomes a tenancy in common. Where one of three or more joint tenants severs, the others stay joint tenants with survivorship between them, and a will cannot pass a joint tenant's interest.Source: RESPrep /learn/joint-tenancy-vs-tenancy-in-common, current at 1 October 2026

Why the other options are wrong

  • Dev and Chen each take half by survivorship: Dev has no survivorship right. He holds Anna's severed one-third as tenant in common.
  • Chen takes all, as Anna's sale needed consent: The sale needed no consent. Dealing with her own share severed it.
  • Ben's son takes one-third under the will: A will cannot pass a joint tenant's interest. Ben and Chen stayed joint tenants of two-thirds, so Chen took Ben's interest.

Study the concept behind this question: Property Torts, Mortgages & Co-ownership (Singapore)

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