Under North Dakota law, which of the following is NOT a required element for the valid creation of a joint tenancy between two or more parties?
Correct Answer
D) All joint tenants must be legally married to each other at the time of acquisition.
Joint tenancy in North Dakota does NOT require the co-owners to be married to each other. Any two or more persons — whether related, unrelated, married, or unmarried — may hold property as joint tenants, provided the traditional unities (time, title, interest, and possession) are satisfied and the deed expressly states the intent to create a joint tenancy. Marriage is not a legal requirement for joint tenancy under NDCC Chapter 47-02.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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.
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