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Margaret and her sister Claire purchase a vacation cottage in Rehoboth Beach, Delaware as tenants in common, each owning an undivided 50% interest. Margaret later passes away without a will. What happens to Margaret's 50% interest in the property?

Correct Answer

D) It passes to Margaret's heirs according to Delaware intestacy laws

In a tenancy in common, each co-owner holds a separate, alienable interest with no right of survivorship. When Margaret dies intestate (without a will), her 50% share becomes part of her estate and passes to her heirs under Delaware's intestacy statutes (12 Del. C. Chapter 5). The interest does not automatically transfer to the surviving co-owner Claire.

Answer Options
A
It reverts to the State of Delaware as unclaimed property
B
It automatically passes to Claire as the surviving co-owner
C
It is held in trust by the Delaware Real Estate Commission until probate is resolved
D
It passes to Margaret's heirs according to Delaware intestacy laws

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Related Topics & Key Terms

Key Terms:

tenancy_in_commonintestacysurvivorshiprehoboth_beachconcurrent_ownership

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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