Property Ownership
In Idaho, what is the 'right of survivorship' and how is it created in a deed?
AThe right of a surviving spouse to all marital property
BThe automatic transfer of a deceased co-owner's interest to surviving co-owners; in Idaho, it must be expressly stated in the deed creating joint tenancy✓ Correct
CA right that exists in all forms of co-ownership
DA right created automatically when married couples purchase property
Explanation
The right of survivorship means that when one joint tenant dies, their interest automatically passes to the surviving joint tenant(s) outside of probate. In Idaho, joint tenancy with right of survivorship must be expressly created in the deed — courts will NOT imply it. If the deed does not expressly state 'joint tenancy,' a tenancy in common (without survivorship) is presumed.
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