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Lynn and her brother Paul purchase a vacation property in Wolfeboro, New Hampshire. They want to ensure that if either of them dies, the survivor will automatically own the entire property. They are not married. How should their deed be worded to achieve this goal under New Hampshire law?

Correct Answer

B) The deed should convey the property to Lynn and Paul with express language creating a joint tenancy with right of survivorship.

To create a joint tenancy with right of survivorship in New Hampshire, the deed must contain express language clearly establishing the survivorship right. Because Lynn and Paul are siblings and not married, they cannot hold property as tenants by the entirety. A joint tenancy with explicit survivorship language is the correct vehicle to ensure the surviving owner takes the entire property automatically upon the other's death.

Answer Options
A
The deed should convey the property to Lynn and Paul as tenants in common.
B
The deed should convey the property to Lynn and Paul with express language creating a joint tenancy with right of survivorship.
C
The deed should convey the property to Lynn and Paul as tenants by the entirety.
D
The deed should convey the property to Lynn and Paul without any tenancy designation, relying on the NH default rule.

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Related Topics & Key Terms

Key Terms:

joint_tenancysurvivorshipexpress_languageunmarried_co_ownersdeed_language

Related Concepts

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.

Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).

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