Nathan and Olivia are a married couple who purchase a home in Murray, Utah. The deed conveys title to them as 'husband and wife.' Utah is a common law state. Which of the following best describes how they hold title under Utah law?
Correct Answer
C) As tenants in common, since Utah does not recognize community property or tenancy by the entirety
Utah is a common law (separate property) state. It does not recognize community property or tenancy by the entirety. When a deed conveys property to a married couple without specifying the type of co-ownership, the default presumption under Utah law is tenancy in common — just as it would be for any two or more grantees. Marriage alone does not create joint tenancy or any special ownership form in Utah. To hold as joint tenants, the deed must expressly state 'joint tenants with right of survivorship.'
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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