Harold and Wanda are married and own their Covington home as tenants by the entirety. They later divorce, but neither spouse takes any action to change the title to the property. Under Kentucky law, what form of ownership do Harold and Wanda hold after the divorce is finalized?
Correct Answer
C) They now hold as tenants in common because divorce terminates the marital unity required for tenancy by the entirety.
Tenancy by the entirety requires the parties to be legally married. When a divorce is finalized, the marital unity is destroyed, and the tenancy by the entirety is automatically severed by operation of law. The former spouses then hold the property as tenants in common, each owning an undivided one-half interest, without any right of survivorship. This conversion happens automatically upon divorce without requiring a new deed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
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.
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