If a deed does not state the fractional interest of each co-owner, what is assumed?

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When a deed does not specify the fractional interest of each co-owner, it is generally assumed that each owner has an equal interest in the property. This principle is rooted in property law, specifically in how ownership interests are typically allocated among co-owners unless explicitly stated otherwise. The absence of specific language in the deed regarding the distribution of interests suggests that the parties intended to share ownership equally.

Establishing an equal interest helps prevent disputes among co-owners by providing a clear and straightforward default interpretation. This assumption is particularly important in real estate transactions, as it simplifies the understanding of rights and responsibilities related to the property. Therefore, when faced with a deed lacking defined ownership fractions, legal precedent guides us to conclude that each co-owner possesses an equal share in the property.

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