Final answer:
Unless specified otherwise, when a husband and wife buy real estate, it is often assumed they own the property as 'tenancy by the entirety' or as 'joint tenants with the right of survivorship'. This depends on the state laws and it's advised to legally clarify the type of ownership with a legal expert.
Step-by-step explanation:
When a husband and wife buy real estate, unless specified otherwise, the type of ownership assumed can vary depending on the laws of the state or country where the property is located. Typically, in many jurisdictions, when a married couple purchases property, it is presumed to be owned as 'tenancy by the entirety' if that is recognized in the state, or as joint tenants with the right of survivorship, which allows for the property to automatically pass to the surviving spouse upon the death of one spouse without going through probate.
In some states, if the type of ownership is not specified, the property might be held as 'community property' if the state recognizes such a classification, meaning both husband and wife have equal ownership rights to the property. It would be wise for couples to consult a legal expert to understand how their property would be classified and to ensure that the deed to the property reflects their intentions.
It is important to note that historically, the legal concept of coverture during the time of the American Revolution prohibited married women from owning property independently, as property would legally become the husband's upon marriage. However, modern laws have evolved significantly to recognize the separate legal identities of both spouses, allowing both to have ownership rights.