Robert and Carol are married Michigan residents who purchased their home together. The deed names them as 'husband and wife.' Robert dies intestate (without a will). Carol claims she automatically owns 100% of the home without going through probate. Which of the following is the most accurate statement about this situation under Michigan law?
Correct Answer
B) Carol is correct because Michigan recognizes tenancy by the entirety for married couples, which carries automatic survivorship.
Michigan does not recognize tenancy by the entirety for real property. A deed to a married couple does not automatically create a joint tenancy with right of survivorship. Under MCL 554.43, a joint tenancy must be expressly created in the deed using language such as 'as joint tenants with right of survivorship.' If the deed simply names them as 'husband and wife' without survivorship language, Michigan courts have generally treated the ownership as tenancy in common, meaning Robert's interest would pass through his estate. Carol's claim of automatic ownership is only valid if the deed expressly established a joint tenancy.
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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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