Lars and Ingrid, an unmarried couple in North Dakota, purchase a property together. The deed names both of them as grantees but does not specify the type of co-ownership. Under North Dakota law, what form of ownership do Lars and Ingrid hold?
Correct Answer
A) Tenancy in common
Under NDCC § 47-02-08, when a deed conveys property to two or more persons without specifying the type of co-ownership, the law presumes tenancy in common. Joint tenancy must be expressly stated in the deed to be created. Because the deed is silent, Lars and Ingrid hold as tenants 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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