What type of ownership do two brothers have if they take title to property in unequal shares?

When two brothers take title to property in unequal shares, they hold the property as tenants in common. This form of ownership allows co-owners to own different percentages of the property. Each brother's share can be specified as unequal, meaning one may own a larger portion than the other.

Tenants in common also have the right to transfer their share independently of each other; one brother could sell his portion without needing approval from the other. Moreover, if one brother passes away, his share does not automatically go to the surviving brother but instead is transferred according to his will or state intestacy laws, which is a key characteristic of this type of ownership.

In contrast, other forms of ownership like joint tenancy and tenants by the entirety imply equal shares among co-owners. Joint tenants, for example, must hold equal shares and have the right of survivorship, meaning if one owner dies, the other automatically inherits their share. Tenants by the entirety is a type of joint tenancy specifically for married couples, emphasizing equal ownership and survivorship benefits.

Severalty refers to ownership by a single individual, which wouldn’t apply to this scenario where two brothers are involved. Therefore, the nature of their ownership translates directly to tenants in common because of the ability to