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Marcus and Elena, an unmarried couple, purchase a home in Denver and take title as joint tenants. Marcus later dies without a will. What happens to his ownership interest in the property under Colorado law?

Correct Answer

A) His interest passes automatically to Elena through the right of survivorship

In a joint tenancy, the right of survivorship is the defining feature. When a joint tenant dies, their interest automatically passes to the surviving joint tenant(s) by operation of law — not through the deceased's estate or will. Because Marcus and Elena held title as joint tenants, Elena automatically receives Marcus's full interest upon his death, regardless of whether he had a will.

Answer Options
A
His interest passes automatically to Elena through the right of survivorship
B
His interest passes to his heirs through intestate succession
C
His interest is divided equally among all surviving family members
D
His interest reverts to the state of Colorado through escheat

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Related Topics & Key Terms

Key Terms:

joint_tenancyright_of_survivorshipintestate_successionownership_types

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