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Thomas and his spouse Diana hold title to their primary residence in Wilmington, Delaware as husband and wife. Thomas passes away, and Diana discovers that she automatically owns the entire property without probate. Which form of ownership most likely explains this outcome under Delaware law?

Correct Answer

B) Tenancy by the entirety

Delaware recognizes tenancy by the entirety as a form of ownership available exclusively to married couples. It carries a right of survivorship, meaning that upon the death of one spouse, the surviving spouse automatically becomes the sole owner of the entire property without the need for probate. This is a key feature that distinguishes tenancy by the entirety from tenancy in common.

Answer Options
A
Tenancy in common with a survivorship clause
B
Tenancy by the entirety
C
Community property ownership
D
Life estate with remainder to the surviving spouse

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Related Topics & Key Terms

Key Terms:

tenancy_by_entiretymarried_couplessurvivorshipwilmingtoncommunity_property_exclusion

Related Concepts

Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.

A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

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