A Kentucky deed conveys property to 'Ann, Beth, and Carol.' The deed is silent as to the form of ownership. Under Kentucky law, what form of ownership do Ann, Beth, and Carol hold?
Correct Answer
C) Tenancy in common, because Kentucky presumes tenancy in common when the deed is silent on the form of ownership
Under Kentucky law, when a deed conveys property to two or more persons without specifying the form of co-ownership, the law presumes a tenancy in common. To create a joint tenancy, the deed must expressly state the intent to create a joint tenancy with right of survivorship. Silence defaults to tenancy in common.
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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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