Under Delaware law, which form of co-ownership automatically includes the right of survivorship, meaning a deceased co-owner's interest passes directly to the surviving co-owner(s) without going through probate?
Correct Answer
D) Joint tenancy
Joint tenancy includes the right of survivorship as one of its defining characteristics. When one joint tenant dies, that person's interest automatically passes to the surviving joint tenant(s) by operation of law, bypassing the probate process entirely. Delaware recognizes joint tenancy with right of survivorship as a valid form of concurrent ownership under Delaware property law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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