California Real Estate Practice Exam

Which is not true regarding tenancy in partnership co-ownership of real property?

1. It is exempt from commercial property rules.

2. A partner’s right in the property can be inherited.

3. It creates a right of survivorship.

4. A partner's right in the real property would be subject to community property rules.

The correct answer is: A partner's right in the real property would be subject to community property rules.

Tenancy in partnership co-ownership of real property does not create a right of survivorship, meaning that when a partner passes away, their share of the property does not automatically pass on to the other partners. Option A is incorrect because tenancy in partnership is not exempt from commercial property rules. Option B is incorrect because a partner's right in the property cannot be inherited, as it is not considered separate property. Option C is incorrect because tenancy in partnership does not create a right of survivorship, as mentioned above. Thus, option D is the correct answer as it accurately reflects the disadvantage of tenancy in partnership co-ownership of real property.