A deed in Mississippi conveys property to 'Robert, Sandra, and Kevin' without any additional language specifying the type of co-ownership. Under Mississippi law, how is this ownership presumed to be held?
Correct Answer
D) Tenancy in common in equal shares
Mississippi follows the common law presumption that a conveyance to two or more persons, without survivorship language, creates a tenancy in common. Under Miss. Code Ann. §89-1-7, when a deed does not expressly state that the grantees take as joint tenants with right of survivorship, the law presumes tenancy in common. Each of the three co-owners would hold an undivided one-third interest.
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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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