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Property OwnershipTenancy_by_the_entiretyEASY

Margaret and Thomas hold title to their Memphis, Tennessee home as tenants by the entirety. Thomas passes away. What happens to the property under Tennessee law?

Correct Answer

C) Margaret automatically becomes the sole owner of the entire property through the right of survivorship

A key feature of tenancy by the entirety in Tennessee is the right of survivorship. When one spouse dies, the surviving spouse automatically becomes the sole owner of the entire property by operation of law. This transfer occurs outside of probate and does not require court involvement. Margaret immediately holds full title to the Memphis home upon Thomas's death.

Answer Options
A
Thomas's half-interest passes to his heirs according to his will or intestate succession
B
The property must go through probate before Margaret can take full ownership
C
Margaret automatically becomes the sole owner of the entire property through the right of survivorship
D
The property is split equally between Margaret and Thomas's estate

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Related Topics & Key Terms

Key Terms:

tenancy_by_the_entiretyright_of_survivorshipprobatedeath_of_spouse

Related Concepts

Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.

Community property is a system where property acquired during a marriage is owned equally by both spouses.

A freehold estate represents ownership of real property with an indefinite duration.

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