If A conveys title to B while they are married, who is in title of the property and what is their interest?

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!

In the scenario where A conveys title to B while they are married, B holds the title to the property in fee simple. A fee simple is the highest form of ownership in real estate, providing the owner with complete control over the property, including the right to use, sell, or lease it, and to pass it on to heirs.

When a married couple is involved in a transaction like this, it is important to note that the conveyance of title indicates an intent for B to own the property outright. Since A has conveyed (transferred) their interest in the property to B, B now has full ownership rights. This transfer assumes that A has relinquished their claim to the property, making B the sole owner.

Therefore, the correct interpretation of the situation is that B holds the title in fee simple, signifying ownership rights without any encumbrances or conditions, unless otherwise specified in the conveyance. In contrast, other options do not accurately describe the nature of the title or the interests involved. For instance, tenants in common typically occurs when multiple owners hold shares of a property without automatic rights of survivorship, which does not apply here since A conveyed the full title to B. A leasehold estate implies a rental agreement rather than outright

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy