RES exam question on Torts, Mortgages & Co-ownership: Owners X and Y hold a property as tenants-in-common in unequal shares
Owners X and Y hold a property as tenants-in-common in unequal shares: X holds 70% and Y holds 30%. They disagree on whether to sell. On Y's death, his share is dealt with under his will. Which is/are correct? (i) Tenants-in-common can hold distinct, unequal shares (ii) There is no right of survivorship; a deceased's share passes under his will/intestacy (iii) A co-owner may apply for an order for sale/partition where co-owners cannot agree (iv) Each tenant-in-common automatically owns an equal half regardless of contribution
- A(i), (ii) and (iii) only
- B(i), (ii) and (iv) only
- C(ii), (iii) and (iv) only
- D(i), (ii), (iii) and (iv)
Show answer & explanation
Answer
A. (i), (ii) and (iii) only
Explanation
Tenants-in-common can hold distinct, unequal shares, such as X's 70% and Y's 30%, so (i) is correct. There is no right of survivorship, so a deceased owner's share passes under his will or intestacy, confirming (ii). Where co-owners cannot agree, a co-owner may apply to the court for an order for sale or partition, so (iii) is correct.
Why the other options are wrong
- (iv) is wrong: tenants-in-common do not automatically own an equal half; their shares are defined and may be unequal.
Study the concept behind this question: Property Torts, Mortgages & Co-ownership (Singapore)
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