Title is vested in Bill and Monica. The deed says nothing as to how they are to hold title or as to their marital status. They are NOT married to each other. The presumption is that
A.
they are tenants in common.
B.
they are tenants by the entirety.
C.
the conveyance is void.
D.
they are joint tenants with rights of survivorship.
When title is conveyed to two unmarried people and the deed does not specify another form of ownership, the presumption is tenancy in common. Tenancy by the entirety is available only to married spouses, so it cannot apply to Bill and Monica. Joint tenancy with right of survivorship generally requires clear survivorship language and is not presumed from silence. The conveyance is not void merely because the deed fails to state the tenancy form. In Pennsylvania, a conveyance to two or more persons is presumed to create a tenancy in common unless the deed clearly provides otherwise. This matches the exam outline’s real-property focus on joint ownership, tenants in common, joint tenancy, and tenancy by the entirety.
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