In which situation would a gift of real estate result in tenancy in common?

A gift of real estate results in tenancy in common when there are unequal interests among the owners because tenancy in common allows multiple owners to hold individual shares of the property. Each owner's share can be of any size; they may have equal or unequal percentages of ownership. This type of ownership does not require the shares to be equal, which means that one co-tenant can own a larger portion of the property than another.

This concept is significant because it provides flexibility in how real estate can be distributed among owners. For instance, if a parent gifts a property to two children where one child receives 70% and the other 30%, they would both hold their respective shares as tenants in common. This arrangement allows individual co-owners to sell or transfer their share independently of the others, potentially leading to different interests being represented within the property.

In contrast, other scenarios such as having equal shares, exclusive use of the property by one owner, or the owners being married would not specifically indicate a tenancy in common under the legal definition of property ownership; they may fall under different arrangements or classifications.