Tenancy by the entirety: married couples only, survivorship, one spouse can't sell alone
Before you read
Test yourself first: 5 questions
Question 1 of 5
Three siblings own a parcel as joint tenants. One sibling sells her interest to a friend. What is the resulting ownership?
Answer: C. A joint tenant may sell without consent, but the buyer lacks the unities of time and title — the friend becomes a TENANT IN COMMON for a 1/3 share, while the remaining two siblings keep survivorship between themselves.
Question 2 of 5
A neighbor has openly parked on the corner of an adjacent vacant lot for 22 years without permission. The statutory period is 10 years. The neighbor most likely has acquired:
Answer: B. Open, notorious, hostile, continuous USE (not exclusive occupation) for the statutory period creates an easement by PRESCRIPTION — a right to keep using the corner, not ownership. Adverse possession of title requires exclusive possession; permission would have made it a revocable license.
Question 3 of 5
The most complete form of private ownership, carrying the full bundle of rights, is:
Answer: A. Fee simple absolute is the highest, most complete ownership — indefinite duration and the full bundle of rights, subject only to government powers (PETE) and private restrictions.
Question 4 of 5
Ownership by one person or entity alone is called ownership in:
Answer: A. Ownership in severalty means a single owner — 'severed' from any other owners.
Question 5 of 5
Tenancy by the entirety is a form of co-ownership available only to:
Answer: A. Tenancy by the entirety is for married couples and adds survivorship plus protection from one spouse's individual creditors, where recognized.
Keep the streak going with more questions like these, each with a full rationale.
Must-know rules
- Tenancy in common: unequal shares OK, passes to HEIRS, only possession unity
- Joint tenancy: 4 unities (time, title, interest, possession) + SURVIVORSHIP
- Tenancy by the entirety: married couples only, survivorship, one spouse can't sell alone
- Selling a JT share breaks survivorship for that share → buyer becomes tenant in common
- Exam cue: 'survivorship' = joint tenancy; 'heirs inherit' = in common
Co-Ownership — JT vs TIC vs TBE: FAQs
Is Co-Ownership — JT vs TIC vs TBE on the real estate exam?
Yes. Property Ownership & Land Use is a scored domain on the real estate licensing exam, and this topic appears in the national portion.
Is this cheat sheet free?
Yes — every page on Cinna RE's resource library is free to read, print and share. The app adds practice questions, mock exams and a readiness score.
