It is presumed that a co-tenancy is a tenancy in common unless it is clear that the parties intended to establish a joint tenancy.

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This statement is true as per the common law. A co-tenancy is presumed to be a tenancy in common, which means that each co-tenant owns a separate and distinct share of the property, unless it is explicitly stated otherwise in the conveyance document that establishes the co-tenancy. If the parties intend to create a joint tenancy, there must be clear evidence of their intention to do so.

It Is Presumed That a Co-Tenancy Is a Tenancy in Common