Minnesota State Real Estate Practice Test

In Minnesota, how are estates in land granted to two or more persons construed?

1. As joint tenancy unless declared as estates in common

2. As estates in common unless declared as joint tenancy

3. As sole ownership with survivorship rights

4. As tenancies in entirety

The correct answer is: As estates in common unless declared as joint tenancy

In Minnesota, when estates in land are granted to two or more persons, they are generally construed as estates in common unless there is clear intent stated in the deed indicating a different arrangement, such as joint tenancy. This means that unless the language of the deed explicitly designates the form of ownership as joint tenancy, the default interpretation is that the owners hold the property as tenants in common. Estates in common allow each party to own a distinct share of the property, with no right of survivorship, which means that if one owner passes away, their share can be inherited by their heirs rather than automatically transferring to the other owner. The construction of ownership as estates in common helps to accommodate various situations involving multiple owners and provides flexibility for how ownership interests can be divided or transferred. In contrast, joint tenancy requires specific features such as the right of survivorship and equal ownership shares, which must be explicitly stated. Hence, unless the intent is clear in the documentation, the law in Minnesota will presume estates are held as tenants in common. This understanding aligns with the principle of clarity in real property ownership and aims to prevent disputes among co-owners.