Question 68

They should take title as joint tenants.

To ensure that upon the death of one party the other will own the entire property, they should take title as joint tenants. This form of ownership includes the right of survivorship, which allows the surviving owner to inherit the deceased owner's share automatically.

A) tenants in common.

Tenants in common do not have the right of survivorship, meaning that if one owner dies, their share of the property does not automatically transfer to the other owner. Instead, it passes according to the deceased owner's will or estate laws. Therefore, this option does not meet the requirement for the scenario described.

B) joint tenants.

Joint tenants hold equal shares in the property and possess the right of survivorship, which means that when one owner dies, their interest in the property automatically transfers to the surviving owner. This setup is precisely what the two unmarried persons need to ensure complete ownership of the property by the survivor upon the death of the other.

C) severalty.

Ownership in severalty means that the property is owned by one individual only. This does not apply to the scenario of two persons wanting to co-own property in a way that ensures the survivor inherits the entire property, thus making this option incorrect.

D) tenants by the entireties.

Tenants by the entireties is a form of joint ownership that is only available to married couples. Since the question specifies that the parties are unmarried, this form of ownership cannot be utilized, rendering this option invalid for their situation.

Conclusion

Joint tenants is the only option that provides the necessary right of survivorship, allowing one owner to inherit the entire property upon the death of the other. All other options either lack this feature or are not applicable to the circumstances of unmarried individuals, making joint tenants the definitive correct choice.