A married couple in North Dakota, Sven and Astrid, are purchasing a home together. Their real estate agent tells them that because they are married, they automatically hold the property as tenants by the entirety, which gives each spouse a right of survivorship and protects the home from the individual debts of either spouse. Which part of the agent's statement is accurate under North Dakota law?
Correct Answer
C) The agent's statement is partially accurate; North Dakota does not recognize tenancy by the entirety, but married couples may still obtain survivorship rights by taking title as joint tenants with right of survivorship.
North Dakota does NOT recognize tenancy by the entirety as a form of co-ownership. The agent is wrong to say it is available to married couples. However, the agent is correct that married couples can obtain survivorship rights — they can do so by expressly taking title as joint tenants with right of survivorship under NDCC § 47-02-06. If Sven and Astrid want survivorship rights, they must expressly request joint tenancy language in their deed. Without that express language, their co-ownership will be presumed to be a tenancy in common under NDCC § 47-02-08, which has no survivorship right.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
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