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Hiro and Mele are unmarried domestic partners who purchase a home in Hawaii together. They want to ensure that if one of them dies, the other automatically inherits the deceased partner's share without probate. Which form of co-ownership should they select?

Correct Answer

C) Joint tenancy, which provides the right of survivorship for all co-owners regardless of marital status

Joint tenancy includes the right of survivorship, meaning that upon the death of one joint tenant, their interest automatically passes to the surviving joint tenant(s) without going through probate. Unlike tenancy by the entirety, joint tenancy is available to any co-owners, not just married couples. Since Hiro and Mele are unmarried, joint tenancy is the appropriate form of co-ownership to achieve automatic survivorship.

Answer Options
A
Tenancy by the entirety, which provides survivorship rights for all co-owners
B
Tenancy in common with a right of survivorship clause added to the deed
C
Joint tenancy, which provides the right of survivorship for all co-owners regardless of marital status
D
Community property ownership, which automatically vests in the surviving partner

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Related Topics & Key Terms

Key Terms:

joint_tenancysurvivorshipco_ownershipnot_community_propertytenancy_by_entiretyhawaii_unique
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