Which of the following is not a characteristic of Joint Tenancy?

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Master Texas Real Estate Principles 1. Study with engaging quizzes featuring multiple choice questions. Includes hints and detailed explanations. Get ready for success!

The option indicating "Unequal Shares" is the correct choice because one of the defining characteristics of Joint Tenancy is that all parties hold equal shares in the property. Joint Tenancy requires that each co-owner (also known as a joint tenant) has an equal right to the whole property, and this equality is essential to the nature of the ownership.

In Joint Tenancy, the key elements are the four unities: Unity of Possession, Unity of Title, Unity of Interest, and Unity of Time. These unities establish that each tenant has equal rights to occupy the property and that all acquired their interests at the same time and under the same deed.

The right of survivorship is another critical characteristic of Joint Tenancy, meaning that upon the death of one joint tenant, their share automatically passes to the surviving joint tenants. Such transfer does not occur through probate, which highlights the distinct nature of this form of ownership compared to other types, like Tenancy in Common, where shares can be unequal and do not include a right of survivorship.

Understanding these principles clarifies why "Unequal Shares" does not fit the definition of Joint Tenancy, reinforcing the importance of equal ownership and rights among joint tenants.

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