Two unmarried persons want to buy property in such a way that upon the death of one, the other will own the entire property. They should take title as
They should take title as joint tenants.
Joint tenancy allows two unmarried persons to own property together in such a way that when one owner dies, the other automatically inherits the entire property without the need for probate. This form of ownership includes the right of survivorship, making it the ideal arrangement for their situation.
Tenants in common share ownership of the property without the right of survivorship. This means that if one owner dies, their share of the property does not automatically pass to the other; instead, it goes to their heirs. Therefore, this option does not fulfill the requirement that the surviving owner should inherit the entire property upon the other’s death.
Joint tenants share equal ownership of the property and have the right of survivorship. Upon the death of one tenant, the surviving tenant automatically inherits the deceased tenant's share, which directly aligns with the couple's desire to ensure full ownership for the survivor. This makes joint tenancy the most suitable option for their needs.
Severalty refers to property ownership by a single individual, meaning that only one person holds the title. This option does not accommodate the couple's requirement for joint ownership or the automatic transfer of property upon death, as it does not involve two owners.
Tenants by the entireties is a form of ownership available only to married couples, providing the right of survivorship similar to joint tenancy. Since the question specifies that the individuals are unmarried, this option is not applicable to their situation.
In summary, joint tenancy is the optimal choice for two unmarried persons wishing to ensure that ownership of property transfers automatically to the survivor upon the death of one owner. Other options either do not provide the necessary right of survivorship or are not suitable due to marital status, making joint tenancy the clear answer for their property arrangement.
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