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Multiple Choice

JT plus marriage is described in the material as a form of co-ownership typically between spouses with survivorship. Which form is this?

Tenancy by entirety is the form described. This co-ownership is available only to married couples and includes a right of survivorship, so when one spouse dies the surviving spouse automatically owns the property in full. Additionally, neither spouse can transfer or encumber the property alone—both must act together to convey or mortgage. This setup is often used for the family home because it can shield the property from unilateral creditor claims in many states. If the marriage ends in divorce, tenancy by entirety typically ends and the property becomes a tenancy in common between the former spouses. This differs from tenancy in common (which has no right of survivorship and can be divided among owners) and from a remainder (which is a future interest, not current ownership).

Tenancy by entirety is the form described. This co-ownership is available only to married couples and includes a right of survivorship, so when one spouse dies the surviving spouse automatically owns the property in full. Additionally, neither spouse can transfer or encumber the property alone—both must act together to convey or mortgage. This setup is often used for the family home because it can shield the property from unilateral creditor claims in many states. If the marriage ends in divorce, tenancy by entirety typically ends and the property becomes a tenancy in common between the former spouses. This differs from tenancy in common (which has no right of survivorship and can be divided among owners) and from a remainder (which is a future interest, not current ownership).