Texas Crammer Practice Exam

If an unmarried couple purchases a home together without specific instructions on how to take title, how will they take title to the property?

1. Joint tenants

2. Tenants in common

3. Community property

4. Sole ownership

The correct answer is: Tenants in common

When an unmarried couple purchases a home together without specific instructions regarding how to take title, they will typically take title as tenants in common. This arrangement allows each party to have an individual, undivided interest in the property, and they can sell or transfer their share independently of one another. Each tenant in common may hold a different percentage of ownership, and upon the death of one owner, their share does not automatically pass to the other owner but instead becomes part of their estate. In contrast, joint tenancy includes the right of survivorship, meaning that when one owner dies, their share automatically transfers to the surviving owner, which is not the default for unmarried couples unless explicitly stated. Community property refers to property acquired during marriage, which is also not applicable as the couple is unmarried, and sole ownership would indicate that only one person owns the property. Therefore, tenants in common is the most appropriate form of title for unmarried individuals purchasing property together without specific directions.