2. Two unmarried persons want to buy property in such a way that upon the death of one, the other will own the entire property. They should take title as
Answer: B
They should take title as joint tenants.
To ensure that upon the death of one party the other will own the entire property, the two persons should take title as joint tenants. This form of ownership includes the right of survivorship, allowing the surviving owner to inherit the deceased owner's share automatically.
A) tenants in common
Tenants in common do not provide automatic transfer of ownership upon death. Instead, each owner holds an individual share of the property, and upon death, their share can be inherited by their heirs, not the other co-owner. Therefore, this option does not meet the requirement of the question.
B) joint tenants
Joint tenants is the correct choice as it allows for the right of survivorship. This means that if one owner dies, the surviving owner automatically receives full ownership of the property without the need for probate. This arrangement directly addresses the question's stipulation for property ownership after death.
C) severality
Severalty refers to ownership of property by one individual only. In this case, since two unmarried persons are involved, this option does not apply. It does not allow for shared ownership or the transfer of property upon death, making it an unsuitable choice.
D) tenants by the entireties
Tenants by the entireties is a form of ownership available only to married couples, which means it cannot apply to two unmarried persons. This option also includes the right of survivorship, but it is irrelevant in this context due to the marital requirement.
Conclusion
Joint tenants is the only option that fulfills the criteria of ensuring that the surviving owner automatically inherits the entire property upon the death of the other. All other options either do not allow for this transfer of ownership or are not applicable due to the relationship status of the parties involved. Thus, joint tenants is definitively the correct answer.