Under Virginia law, which of the following is NOT a characteristic required to create a valid joint tenancy with right of survivorship?
Correct Answer
C) All joint tenants must be legally married to each other.
Option C is NOT a required characteristic of joint tenancy. Joint tenancy does not require the co-owners to be married to each other. Any two or more persons — related or unrelated, married or unmarried — may hold property as joint tenants with right of survivorship in Virginia. Marriage is a requirement only for tenancy by the entirety, not joint tenancy. The four required unities of joint tenancy are time, title, interest, and possession.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
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.
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