Property Ownership
Which form of co-ownership is commonly used by married couples in states that recognize it and includes both the right of survivorship and protection from individual creditors?
ATenancy in common
BJoint tenancy
CTenancy by the entirety✓ Correct
DCommunity property
Explanation
Tenancy by the entirety is a form of co-ownership available only to legally married couples. It includes right of survivorship and, in most states, protection from individual creditors — the property cannot be seized for one spouse's individual debts without the other's consent.
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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.
Fee SimpleThe highest and most complete form of property ownership — absolute ownership with the right to use, sell, or pass the property to heirs.
State-Specific Concepts
Community Property
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