Wills Bar Practice Exam

Question: 1 / 400

Which type of tenancy allows for individual ownership of property after one tenant's death?

Joint tenancy

Tenancy in common

The correct choice is the one representing tenancy in common, which allows for individual ownership of property even after one tenant's death. In a tenancy in common, each tenant holds an individual, undivided interest in the whole property. This means that when one tenant passes away, their share of the property does not automatically transfer to the other tenants, as occurs in joint tenancy. Instead, the deceased tenant's share goes to their heirs, based on their will or state intestacy laws, which maintains the individual ownership aspect.

In contrast, joint tenancy includes the right of survivorship, meaning if one tenant dies, their share automatically transfers to the surviving tenant(s), and this can result in a complete change of ownership that may not reflect the deceased tenant's wishes. Life estates and community property have specific implications regarding ownership during the tenant's life or marriage, but they do not directly pertain to the scenario of individual ownership after death in the same way that tenancy in common does.

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Life estate

Community property

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