If a sister deeds half her interest in a property to her husband, what type of tenancy is created?

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When a sister deeds half her interest in a property to her husband, the type of tenancy created is tenancy in common (TIC). This form of co-ownership allows each party to own an individual share of the property, which can be unequal. In this scenario, the sister retains her half-interest, and the husband receives a half-interest, resulting in two separate and distinct interests in the property.

In tenancy in common, each owner's share can be sold, transferred, or inherited independently without the consent of the other owner. This characteristic distinguishes it from joint tenancy, where co-owners must have equal shares and the right of survivorship applies, meaning if one owner passes away, their share automatically transfers to the surviving co-owner. Since the sister and the husband do not necessarily share equal ownership or the right of survivorship in this case, the situation describes a tenancy in common rather than joint tenancy.

Community property, typically recognized in certain states, refers to property acquired during marriage and would not apply here since it addresses property ownership during marriage rather than the specific act of deeding an interest. Sole ownership would imply that only one person holds the interest, which does not apply in this context as both individuals have an ownership share in the property.

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