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Rachel and her domestic partner Jordan purchase a home together in Concord, New Hampshire. They are not married. The deed conveys the property to them without specifying a type of tenancy. Under New Hampshire law, what form of ownership do Rachel and Jordan most likely hold?

Correct Answer

A) Tenancy in common, as the default for unmarried co-owners

In New Hampshire, when property is conveyed to two or more persons who are not married to each other and the deed does not specify the type of tenancy, the default form of co-ownership is tenancy in common. Tenancy by the entirety is reserved exclusively for married couples. Tenancy in common carries no right of survivorship, and each owner's interest passes to their heirs upon death.

Answer Options
A
Tenancy in common, as the default for unmarried co-owners
B
Tenancy by the entirety, because NH extends this form to domestic partners
C
Community property, because NH recognizes domestic partnership property rights
D
Joint tenancy with right of survivorship, as the default for any two co-owners

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Related Topics & Key Terms

Key Terms:

tenancy_in_commondefault_ownershipunmarried_co_ownersdomestic_partnersco_ownership

Related Concepts

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.

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.

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