Carl and Donna are an unmarried couple who have lived together for 10 years in Indiana. They jointly purchase a home in Carmel, Indiana and want the maximum legal protection ensuring the surviving partner will automatically inherit the other's share without going through probate. Their Indiana broker advises them that tenancy by the entirety is not available to them. Which ownership form should the broker recommend, and what additional step should the broker suggest to further protect their intent?
Correct Answer
B) Joint tenancy with right of survivorship; the deed must expressly state survivorship language
Since Carl and Donna are unmarried, tenancy by the entirety is not available to them under Indiana law. The best ownership form to achieve automatic survivorship without probate is joint tenancy with right of survivorship. Under Indiana law (IC 32-17-1), the deed must expressly state the intent to create a joint tenancy with right of survivorship — language such as 'as joint tenants with right of survivorship and not as tenants in common' is required. This achieves their goal of automatic transfer to the survivor without probate.
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Related Topics & Key Terms
Key Terms:
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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