A Utah deed conveys property to 'David and Elena.' No additional language specifying the type of co-ownership is included in the deed. Under Utah law, what form of co-ownership is presumed?
Correct Answer
C) Tenancy in common
Under Utah law, when a deed conveys property to two or more persons without specifying the type of co-ownership, tenancy in common is the default presumption. To create a joint tenancy, the deed must clearly express the intent, typically using language such as 'as joint tenants with right of survivorship' or 'JTWROS.' Utah Code Ann. § 57-1-5 codifies this presumption in favor of tenancy in common.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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