Property Ownership
In Massachusetts, which type of ownership is most common for residential real estate held by a married couple who want survivorship rights?
ATenancy in common
BJoint tenancy with right of survivorship
CTenancy by the entirety✓ Correct
DCommunity property
Explanation
Tenancy by the entirety is available to married couples in Massachusetts and provides automatic right of survivorship plus creditor protection. A creditor of one spouse generally cannot force a sale of property held as tenants by the entirety.
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Key Terms to Know
Joint Tenancy
Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
Community PropertyIn community property states, most property acquired during marriage is owned equally by both spouses, regardless of who paid for it.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
State-Specific Concepts
Community Property
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