- Official section
- National I: Property Ownership
- Broker weight
- 10% of the national broker portion
- Expected scored items
- Property Ownership accounts for about 10 of 100 items
Property Ownership topic guide
Sole ownership, co-ownership, and life estates
Ownership questions turn on five facts: how many owners there are, whether shares are divided or undivided, whether survivorship exists, what can be transferred, and which event ends the interest.
What does this exam area cover?
Short answer: Know ownership in severalty, tenancy in common, joint tenancy and the four unities, express survivorship, severance, tenancy by the entirety in Illinois, possession and contribution among cotenants, transfer, death, creditors, partition, conventional and pur autre vie life estates, measuring lives, life tenants, remainders, reversions, waste, and termination.
The national outline expressly includes ownership in severalty, tenancy in common, joint tenancy, and life estates. Illinois statutes determine formation and consequences for Illinois joint tenancy, tenancy by the entirety, and partition, so deed language and state facts are decisive.
Practice the topic in Pass Illinois
From concept to decision
Drill this topic, then review the explanation
Pass Illinois gives you original national and Illinois questions, topic-by-topic study, clear explanations, timed practice, flashcards, progress tracking, and Math Coach. Start free, find the weak distinction, and focus the next session there.
What is on the official outline?
- Topic
- Ownership in severalty
- What to know
- One individual or entity, sole control, exclusive possession, conveyance, mortgage, lease, devise, descent, creditor claims, entity authority, marital interests, and title evidence
- Best exam move
- Severalty means one title holder even when that holder is a corporation with many shareholders.
- Topic
- Tenancy in common
- What to know
- Two or more owners, undivided interests, equal possession, unequal fractional shares, separate transfers, mortgages, leases, inheritance, no survivorship, accounting, contribution, and partition
- Best exam move
- A 20% owner has a 20% title interest, not exclusive ownership of 20% of the rooms.
- Topic
- Cotenants' possession and expenses
- What to know
- Right to possess whole, ouster, rent from third parties, accounting, taxes, mortgage, insurance, necessary repairs, improvements, carrying costs, waste, agreement, and contribution
- Best exam move
- Undivided ownership gives possession rights throughout, subject to every cotenant's equal right.
- Topic
- Joint tenancy
- What to know
- Co-ownership, right of survivorship, express creation, time, title, interest, possession, undivided share, death, surviving tenants, probate avoidance for the interest, transfer, and severance
- Best exam move
- Survivorship is the central distinction, but it must be validly created.
- Topic
- Four unities
- What to know
- Same time, same title or instrument, equal type and duration of interest, equal right of possession, effect of inconsistent creation, straw-party history, direct conveyance rules, and statutory modifications
- Best exam move
- Use TTIP to test the traditional form, then apply the stated jurisdiction.
- Topic
- Severing joint tenancy
- What to know
- Transfer of one share, contract, partition, mutual agreement, mortgage theory, divorce judgment, creditor sale, death timing, resulting tenancy in common, remaining joint tenants, and recording
- Best exam move
- A unilateral conveyance can end survivorship as to the transferred share without necessarily ending it among all other owners.
- Topic
- Tenancy by the entirety
- What to know
- Illinois statute, spouses or civil union partners, homestead property, express deed language, survivorship, joint control, conveyance, mortgage, divorce, death, creditors of one owner, joint debt, fraud, and homestead status
- Best exam move
- Do not select entirety unless the parties, property use, and instrument meet the state requirements.
- Topic
- Partition
- What to know
- Voluntary agreement, statutory action, owners and interests, commissioners or appraisal, division in kind, sale, proceeds, liens, costs, accounting, buyout, and recorded result
- Best exam move
- Partition ends co-ownership; it does not mean one cotenant may simply evict the others.
- Topic
- Conventional life estate
- What to know
- Grant or reservation, life tenant, measuring life, present possession, rents, use, transfer, mortgage, lease, taxes, insurance, maintenance, waste, death, remainder, and reversion
- Best exam move
- The estate ends with the named measuring life, even after transfer.
- Topic
- Life estate pur autre vie
- What to know
- Estate measured by another person's life, grantor, grantee, measuring person, transfer, death order, duration, remainder, reversion, and estate planning
- Best exam move
- Identify whose life measures duration, not merely who possesses the property.
- Topic
- Future interests
- What to know
- Remainder, remainderman, reversion, grantor, vested and contingent concepts, present interest, future possession, transfer, waste protection, merger, and termination
- Best exam move
- A remainder goes to a third party; a reversion returns to the grantor or successor.
- Topic
- Life-tenant duties and waste
- What to know
- Ordinary maintenance, property tax, interest obligations, insurance, repairs, voluntary waste, permissive waste, ameliorative waste, resource extraction, improvements, consent, injunction, and damages
- Best exam move
- A life tenant may use and enjoy the property but cannot unreasonably injure the future interest.
Which distinctions produce the most mistakes?
- Terms
- Severalty vs. co-ownership
- Difference
- Severalty has one owner. Co-ownership has two or more owners holding interests in the same estate.
- Question cue
- Single title holder versus multiple title holders.
- Terms
- Tenancy in common vs. joint tenancy
- Difference
- Tenancy in common has inheritable shares and no automatic survivorship. Joint tenancy has survivorship when validly created.
- Question cue
- Estate passes by will or descent versus passes to survivor.
- Terms
- Undivided interest vs. physical division
- Difference
- An undivided cotenant owns a fraction of the whole parcel. Physical division assigns separate parcels through partition or agreement.
- Question cue
- Fraction of title versus mapped tract.
- Terms
- Survivorship vs. inheritance
- Difference
- Survivorship transfers the interest by the ownership form at death. Inheritance passes property through a will or intestate succession.
- Question cue
- Operation of title versus probate estate.
- Terms
- Joint tenancy vs. tenancy by the entirety
- Difference
- Joint tenancy can involve qualifying co-owners generally. Illinois entirety ownership is a statutory homestead form for qualifying spouses or civil union partners with added protections.
- Question cue
- General survivorship form versus marital homestead form.
- Terms
- Partition in kind vs. partition sale
- Difference
- Partition in kind physically divides property. A sale converts the property into proceeds that are distributed after allowed adjustments.
- Question cue
- Separate tracts versus cash division.
- Terms
- Life estate vs. fee simple
- Difference
- A life estate ends with a measuring life. Fee simple can continue indefinitely and is not measured by a life.
- Question cue
- Life-limited duration versus potentially perpetual estate.
- Terms
- Life estate vs. leasehold
- Difference
- A life estate is a freehold measured by life. A leasehold is a nonfreehold possessory interest measured by a lease term or tenancy rules.
- Question cue
- Death event versus contract term.
- Terms
- Remainder vs. reversion
- Difference
- A remainder gives future possession to a third party. A reversion leaves future possession with the grantor or grantor's successors.
- Question cue
- Named third party versus return to grantor.
How should you solve an ownership-estate question?
- Identify every current owner and the exact deed, will, trust, judgment, or statute creating the interest.
- Classify the estate as severalty, tenancy in common, joint tenancy, tenancy by the entirety, or life estate.
- Determine each owner's fractional share, right of possession, transfer power, creditor exposure, and duty to contribute.
- Read for express survivorship, marital or civil-union status, homestead use, four unities, and any severing event.
- For death questions, ask whether the interest passes by survivorship, remainder, reversion, will, or intestacy.
- For life estates, name the measuring life, present holder, future holder, and waste or expense issue.
- For disputes, distinguish accounting, contribution, ouster, partition, title correction, and legal advice.
- Form
- Severalty
- At death
- Will, trust, beneficiary device, or intestacy
- Exam anchor
- One owner
- Form
- Tenancy in common
- At death
- Owner's share enters estate
- Exam anchor
- No survivorship
- Form
- Joint tenancy
- At death
- Share passes to surviving joint tenants
- Exam anchor
- Express survivorship
- Form
- Tenancy by entirety
- At death
- Survivorship under qualifying form
- Exam anchor
- Illinois homestead spouses or partners
- Form
- Life estate with remainder
- At death
- Possession passes to remainderman
- Exam anchor
- Third-party future interest
- Form
- Life estate with reversion
- At death
- Possession returns to grantor line
- Exam anchor
- Grantor retains future interest
How do the rules work in scenarios?
Unequal shares
Scenario: A deed conveys Blackacre to Alex as to 70% and Blair as to 30%, with no survivorship language.
- Two people hold undivided interests.
- The shares are expressly unequal.
- No language creates a survivorship form.
Answer: Alex and Blair are tenants in common with 70% and 30% interests.
Joint tenant transfers
Scenario: Three valid joint tenants own a parcel. One conveys that tenant's share to a buyer while the other two retain their interests.
- A transfer severs survivorship as to the conveyed share.
- The buyer commonly becomes a tenant in common with the others.
- The remaining two may retain survivorship between their shares.
Answer: The transfer can produce a mixed title: one tenancy-in-common share and continued joint tenancy between the other two.
Life estate sale
Scenario: A life tenant sells the life estate to a purchaser. The deed creating the estate measured it by the original life tenant's life.
- The life tenant can transfer only the estate held.
- The measuring life remains the original named life.
- The purchaser's possession cannot outlast that measuring life.
Answer: The purchaser receives the life estate, which ends when the original measuring life ends.
Remainder or reversion
Scenario: An owner deeds property to Jordan for life, then to Casey in fee simple.
- Jordan receives present possession for life.
- Casey is a named third party who receives possession afterward.
- The future interest does not return to the grantor.
Answer: Jordan holds the life estate and Casey holds the remainder.
What are the common exam traps?
- Trap
- Severalty means several people own the property.
- Correction
- It means one person or entity owns separately.
- Trap
- A 25% tenant in common may exclude others from one-quarter of the house.
- Correction
- The share is undivided; each cotenant has possession rights throughout.
- Trap
- Tenants in common have automatic survivorship.
- Correction
- A deceased cotenant's interest passes through the owner's estate or valid estate-planning device.
- Trap
- Naming two grantees always creates Illinois joint tenancy.
- Correction
- Express joint-tenancy or survivorship intent is generally required.
- Trap
- A joint tenant cannot transfer without all other owners.
- Correction
- A joint tenant can generally convey that share, often severing survivorship as to it.
- Trap
- Tenancy by the entirety applies to any two relatives.
- Correction
- Illinois limits it to qualifying spouses or civil union partners and homestead property under the statute.
- Trap
- One cotenant may simply remove the others.
- Correction
- Each has possession rights; formal partition or another lawful remedy is needed.
- Trap
- A life tenant owns fee simple.
- Correction
- The life tenant's freehold ends with the measuring life.
- Trap
- Selling a life estate extends it for the buyer's lifetime.
- Correction
- Transfer does not change the original measuring life.
- Trap
- Remainder and reversion name the same future holder.
- Correction
- A remainder goes to a third party; a reversion stays with the grantor line.
Can you answer these original practice questions?
These questions are original study items aligned to the published outline. They are not copied, recalled, or predicted PSI questions.
1. Which ownership form has one person or legal entity as owner?
- Severalty
- Joint tenancy
- Tenancy in common
- Partition
Show answer and explanation
Answer: A
Severalty is separate ownership by one holder.
2. Which feature most clearly distinguishes joint tenancy from tenancy in common?
- Possession
- Survivorship
- A written deed
- Real property
Show answer and explanation
Answer: B
Joint tenancy includes survivorship when validly created; tenancy in common does not.
3. Which traditional unity does the letter P represent in TTIP?
- Priority
- Possession
- Partition
- Probate
Show answer and explanation
Answer: B
TTIP represents time, title, interest, and possession.
4. An Illinois deed expressly creates survivorship ownership for spouses in their qualifying homestead. Which form is implicated?
- Severalty
- Tenancy by the entirety
- License
- Life estate pur autre vie
Show answer and explanation
Answer: B
Illinois tenancy by the entirety is a statutory survivorship form for qualifying spouses or civil union partners in homestead property.
5. A grant states, 'to Avery for life, then to Morgan.' What interest does Morgan hold?
- Reversion
- Remainder
- Leasehold
- Lien
Show answer and explanation
Answer: B
Morgan is a third party designated to receive possession after the life estate, so Morgan holds a remainder.
How should you study this area?
- Session
- 1. Severalty and tenancy in common
- Focus
- Single owner, undivided shares, possession, unequal interests, transfer, inheritance, accounting, contribution, and ouster
- Proof you are ready
- Resolve eight ownership-share scenarios.
- Session
- 2. Joint tenancy
- Focus
- Express creation, TTIP, survivorship, death, transfer, severance, mortgage, and mixed ownership
- Proof you are ready
- Trace ownership after ten transfers or deaths.
- Session
- 3. Tenancy by the entirety
- Focus
- Illinois statute, qualifying parties, homestead, deed language, survivorship, control, creditors, divorce, and death
- Proof you are ready
- Identify why six deeds do or do not qualify.
- Session
- 4. Partition
- Focus
- Agreement, action, division in kind, sale, proceeds, liens, accounting, costs, and buyout
- Proof you are ready
- Choose physical division or sale in six fact patterns.
- Session
- 5. Life estates
- Focus
- Conventional, pur autre vie, measuring life, transfer, lease, mortgage, death, and termination
- Proof you are ready
- Name the measuring life and ending event in ten grants.
- Session
- 6. Future interests and waste
- Focus
- Remainder, reversion, present possession, taxes, maintenance, insurance, voluntary, permissive, and ameliorative waste
- Proof you are ready
- Score at least 90% and identify present and future holders every time.
Do not count recognition as mastery. Close the notes and explain the rule, apply it to a new fact pattern, and identify why each distractor fails.
Ownership Forms and Life Estates FAQ
What is ownership in severalty?
Ownership in severalty means one person or legal entity owns the estate. The word severalty means separate ownership, not ownership by several people.
What is tenancy in common?
Tenancy in common is co-ownership in which each cotenant holds an undivided interest with a right to possess the whole, subject to the equal rights of the others. Shares can be unequal, and there is no automatic survivorship.
What is joint tenancy?
Joint tenancy is co-ownership with a right of survivorship when validly created. At a joint tenant's death, that tenant's interest passes to the surviving joint tenant or tenants rather than through the deceased owner's probate estate.
How is joint tenancy created in Illinois?
Illinois generally requires the instrument to expressly declare joint tenancy or use other language showing that intent. Simply naming two grantees does not necessarily create survivorship.
What are the four unities of joint tenancy?
The traditional mnemonic is TTIP: time, title, interest, and possession. Joint tenants receive interests at the same time, through the same instrument, of the same type and duration, with equal possession rights, subject to Illinois law and the instrument.
What is tenancy by the entirety in Illinois?
It is a statutory survivorship form for qualifying spouses or civil union partners holding their homestead, created by express language. It has special creditor and conveyance features, so parcel use, deed language, marital status, and statute all matter.
What is partition?
Partition is a legal process that ends qualifying co-ownership by physically dividing property when practical or ordering a sale and distributing proceeds. Agreements and statutory procedure can affect the result.
What is a life estate?
A life estate is a freehold interest lasting for the life of a named measuring person. When that life ends, possession passes to the remainderman or returns to the grantor or grantor's successors through a reversion.
Can a life tenant sell the life estate?
A life tenant can generally transfer the interest held, but cannot transfer a greater estate. The transferee's right still ends when the measuring life ends, unless all owners of the relevant interests join in a different valid transaction.
Are these questions copied from PSI?
No. Every practice item is original and aligned to the public property-ownership outline.
Primary sources
- PSI Illinois Candidate Information Booklet dated June 24, 2026
- Illinois Joint Tenancy Act
- Illinois Joint Tenancy Act, tenancy by the entirety
- Illinois Partition Act
- Cornell Legal Information Institute, tenancy in common
- Cornell Legal Information Institute, joint tenancy
- Cornell Legal Information Institute, life estate
The current official outline controls the tested scope. Statutes, regulations, and official agency materials control when a general study rule and a jurisdiction-specific rule differ.