Question 56

They should take title as joint tenants.

By taking title as joint tenants, both persons will have equal ownership of the property, and upon the death of one owner, the other will automatically inherit the entire property through the right of survivorship.

A) tenants in common.

Tenants in common allows for multiple owners to hold shares in a property, but it does not provide for automatic transfer of ownership upon death. Instead, when one owner dies, their share would pass to their heirs rather than to the surviving owner, which does not meet the requirement stated in the question.

B) joint tenants.

Joint tenants have equal rights to the property, and importantly, they possess the right of survivorship. This means that if one joint tenant dies, their share of the property automatically transfers to the surviving joint tenant, fulfilling the criteria outlined in the question.

C) severalty.

Ownership in severalty means that property is owned by a single individual. This does not allow for shared ownership or the right of survivorship, which is essential for the scenario described in the question where one owner needs to pass on their interest to the other upon death.

D) tenants by the entireties.

Tenants by the entireties is a form of joint ownership typically available only to married couples. Since the question specifies "unmarried persons," this option is not applicable and does not satisfy the ownership arrangement needed for the scenario.

Conclusion

The correct answer is joint tenants because it ensures that both individuals share equal ownership and provides the right of survivorship, allowing the surviving owner to inherit the full property upon the death of the other. Other options, such as tenants in common and severalty, do not facilitate this automatic transfer of ownership, while tenants by the entireties is not applicable to unmarried individuals.