Property Ownership
In New Mexico, which type of title passes through probate upon the owner's death and can be left to heirs by will?
AJoint tenancy with right of survivorship
BCommunity property with right of survivorship
CTenancy in common interest✓ Correct
DBoth (a) and (b)
Explanation
A tenancy in common interest does not carry survivorship rights. The tenant in common's share passes through their estate (by will or intestate succession), subject to probate.
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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.
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
State-Specific Concepts
Community Property
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