Massachusetts Real Estate License Practice Test

In which ownership model does the surviving spouse automatically inherit the deceased spouse’s share?

1. Tenancy in Common

2. Joint Tenancy

3. Tenancy by the Entirety

4. Community Property

The correct answer is: Joint Tenancy

The correct model is Joint Tenancy because this form of ownership includes a right of survivorship. This means that if one owner in a joint tenancy passes away, their share of the property automatically transfers to the surviving owner, which in this case would be the surviving spouse. This automatic transfer occurs without the need for probate, providing a streamlined process for the surviving spouse to gain full ownership of the property. In contrast, Tenancy in Common does not include a right of survivorship. Each owner holds an individual share, and when one owner dies, their share can be passed on to their heirs rather than automatically going to the surviving co-owners. Tenancy by the Entirety is a specific form of joint tenancy available only to married couples, which also includes the right of survivorship. While Community Property allows for equal ownership between spouses, it does not automatically transfer the deceased spouse's share to the survivor in the same way that Joint Tenancy does, as community property typically requires a probate process to distribute property according to the terms of a will or state laws.