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Paper 1 · Lesson 5 — Co-ownership, Trusts and Succession

Co ownership

Joint tenancy vs tenancy in common: the four unities, survivorship, undivided shares.

2 questionsAnswers & explanations includedFree — no sign-up

Question 1

Mr Ho and two partners own an office unit as tenants-in-common, each holding a distinct share. Mr Ho wants to sell his own share to an outside investor to raise cash. His partners are not opposed in principle but have not been asked to agree, and one of them is overseas and hard to reach. Mr Ho wants to know whether he must wait for both of them before he can deal with his own share at all.

Which statement is correct?

  1. A. Mr Ho may sell his share only if the whole unit is sold at the same time, shares being inseparable.
  2. B. Mr Ho may not sell his share unless both of the other co-owners first give their consent to the sale.
  3. C. Mr Ho may sell his own share without the others' consent; only the whole unit needs all to agree.
  4. D. Mr Ho may sell his share, and the buyer then becomes a joint tenant alongside the two partners.
Show the answer and full explanation

Answer: C

The rule. A tenant-in-common may sell his own distinct share without the consent of the other co-owners. Selling the whole property, however, requires the agreement of all of them.

Why C is correct. Mr Ho holds a distinct share as a tenant-in-common, so he may sell that share to the outside investor without asking his partners. Only a sale of the whole unit would need everyone to agree.

The other options.

  • B requires the partners' consent to sell his own share. Their consent is needed only for the whole.
  • A makes his share unsaleable except with the whole. A distinct share can be sold on its own.
  • D turns the buyer into a joint tenant. The buyer steps into a tenancy-in-common share, not a joint tenancy.

Exam note. Own share, sell freely; whole property, everyone must agree. The buyer takes the share as a tenant-in-common.

A tenant-in-common may sell his own distinct share without the consent of the other co-owners →

Question 2

Freddie protests that Mr Tan should never have been able to sell his shop share to an outsider in 2023 without his agreement. Is Freddie right?

  1. A. Yes; neither co-owner could sell any share without the other co-owner first agreeing.
  2. B. No; as a tenant-in-common Mr Tan could sell his own share without Freddie's consent.
  3. C. Yes; a tenant-in-common may sell only if the whole property is sold at the same time.
  4. D. No; but only because the two had run a business together from the premises for years.
Show the answer and full explanation

Answer: B

The rule. A tenant-in-common holds a distinct share and may sell it without the consent of the other co-owners. Only a sale of the whole property requires everyone to agree.

Why B is correct. Mr Tan held his shop interest as a tenant-in-common, so he could sell his own half share in 2023 without Freddie's agreement. Freddie's wish to keep the shop "in the family" gave him no veto.

The other options.

  • A requires Freddie's consent. It is needed only to sell the whole, not one owner's share.
  • C allows a sale only with the whole. A distinct share can be sold on its own.
  • D rests the answer on the shared business. The right to sell one's share does not depend on that.

Exam note. Own share, sell freely; whole property, all must agree. A co-owner's sentiment is not a veto.

A tenant-in-common holds a distinct share and may sell it without the consent of the other co-owners →

Practise it under exam conditions

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