Which ownership form is specifically available to married couples and includes right of survivorship?

Which ownership form is specifically available to married couples and includes right of survivorship?

• A. Tenancy in Common
• B. Joint Tenancy
• C. Fee Simple
• D. Tenancy by Entirety

Answer: (D)

Tenancy by entirety is a form of ownership available only to married couples that includes the right of survivorship. Because of this survivorship feature, when one spouse dies, the surviving spouse automatically owns the property in full, avoiding the decedent’s estate from passing the title to heirs in most cases. This arrangement requires the four unities—possession, interest, time, and title—held together by both spouses, and it can be ended by divorce, mutual agreement, or death. Some jurisdictions also offer protection from one spouse’s creditors, though specifics vary. Other ownership forms either do not restrict to married couples (joint tenancy) or do not confer survivorship in the same way (tenancy in common), or are simply a broader form of ownership without a survivorship feature (fee simple).

Tenancy by entirety is a form of ownership available only to married couples that includes the right of survivorship. Because of this survivorship feature, when one spouse dies, the surviving spouse automatically owns the property in full, avoiding the decedent’s estate from passing the title to heirs in most cases. This arrangement requires the four unities—possession, interest, time, and title—held together by both spouses, and it can be ended by divorce, mutual agreement, or death. Some jurisdictions also offer protection from one spouse’s creditors, though specifics vary. Other ownership forms either do not restrict to married couples (joint tenancy) or do not confer survivorship in the same way (tenancy in common), or are simply a broader form of ownership without a survivorship feature (fee simple).