easy · National Real Estate Exam

Two business partners, X and Y, own a commercial building as tenants in common, with X holding a (60)/(100) interest and Y holding a (40)/(100) interest. X dies intestate.

Which statement correctly describes the outcome?

  1. Y automatically acquires the (60)/(100) interest by survivorship.
  2. X's (60)/(100) interest passes to X's heirs according to state law.
  3. Y becomes the sole owner in severalty because the unequal shares prevented a joint tenancy from forming.
  4. The partnership is liquidated and the property must be sold by the state.

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