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Margaret and her husband David purchase a lakefront home in Moultonborough, New Hampshire. The deed names both of them as grantees but does not specify the type of co-ownership. Under New Hampshire law, what form of ownership do Margaret and David hold?

Correct Answer

D) Tenancy by the entirety

Under New Hampshire law, when a deed conveys property to a husband and wife without specifying the type of tenancy, the default presumption is tenancy by the entirety. This form of co-ownership is exclusive to married couples and automatically includes the right of survivorship. No express survivorship language is required.

Answer Options
A
Tenancy in common with equal shares
B
Joint tenancy with right of survivorship
C
Community property ownership
D
Tenancy by the entirety

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Related Topics & Key Terms

Key Terms:

tenancy_by_entiretymarried_couplesdefault_ownershipco_ownership

Related Concepts

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.

Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.

Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.

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