Marcus and Diane, an unmarried couple, purchase a home in Little Rock together. The deed simply states that the property is conveyed to 'Marcus and Diane.' Marcus later dies intestate. Which of the following best describes what happens to Marcus's interest in the property under Arkansas law?
Correct Answer
B) Marcus's interest passes to his heirs through intestate succession
In Arkansas, when a deed conveys property to multiple persons without expressly creating a joint tenancy with right of survivorship, the co-owners hold as tenants in common by default. Tenancy in common carries no right of survivorship. Therefore, Marcus's undivided interest passes to his heirs through intestate succession, not to Diane. The heirs then become tenants in common with Diane.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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