Question

Natasha and Link have been married for 2 years. They live in North Carolina and are about to make an offer on their first home. Their goal is to own the property so that if either Natasha or Link were to die, the surviving spouse would own the property outright. They also want to keep things private and avoid probate. How should they title their new home?

A. Link should own the house fee simple and name Natasha as his beneficiary.
B. Tenancy in common is the best way to title the property because it meets all their objectives.
C. They should title the home as JTWROS as a way to accomplish their goals.
D. Because they live in North Carolina, they should title the home as community property.

Answer 1

Natasha and LInk

Based on the spouses goal to own the property so that if either Natasha or LInk were to die, the surviving spouse would own the property outright, keeping things private and avoid probate, they should title their new home as:

C. They should title the home as JTWROS as a way to accomplish their goals.

Step-by-step explanation:

The arrangement that meets their goals is Joint tenancy with rights of survivorship (JTWROS) which affords survivorship rights to either Natasha or Link in the event of the death of either spouse. In other words, JTWROS allows either Natasha or Link to automatically own the property without publicity or probate. This arrangement will meet all their arrangements, unlike tenancy in common. Moreover, there is no community property provision in North Carolina where they live. Lastly, naming Natasha presupposes that Link would die first. This does not meet their expectations.