Marcus and Diana, who are not married, purchase a home in Missouri. Their deed reads: 'to Marcus and Diana as joint tenants with right of survivorship and not as tenants in common.' Marcus later dies. What happens to his interest in the property?
Correct Answer
B) Marcus's interest passes automatically to Diana by operation of law.
Because the deed expressly created a joint tenancy with right of survivorship using the required language under Missouri law, Marcus's interest passes automatically to Diana upon his death by operation of law. This is the defining feature of joint tenancy — the survivor absorbs the deceased co-owner's interest without probate, without a will, and without court involvement.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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.
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