If A conveys title to B while married, what interest does A maintain in the property?

Prepare for the Waco Title Insurance Test. Study with flashcards and multiple-choice questions. Each question comes with hints and explanations to help you succeed. Get ready for your exam!

When A conveys title to B while married, A typically retains a marital interest in the property. This is because, in many jurisdictions, spouses generally have rights to each other's property due to marital laws. Even if A has transferred ownership to B, A maintains certain rights related to the property, which may include the right to live there, rights to income produced from the property, and the right to a share of any proceeds from its sale.

Marital interest reflects the legal principle that property acquired during marriage is often deemed to belong to both spouses, regardless of whose name is on the title. This can also include considerations for community property or equitable distribution laws that govern how property is divided during divorce or legal separation.

In contrast, fee simple refers to the highest form of ownership in real estate, which would not apply in this scenario since A has conveyed title to B. A leasehold interest implies A would be a tenant, which doesn't fit this context either, as A is not renting the property back after giving away title. Tenants in common describes a form of joint ownership, but since A has conveyed the property to B, that categorization does not apply here either.

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