If property is titled to two or more persons without specification of ownership form, what is the default form of ownership?

• A. Tenancy in common
• B. Joint tenancy with right of survivorship
• C. Tenants by the entirety
• D. Community property

Answer: (A)

In New York, when two or more people are named on a deed without specifying an ownership form, the ownership is presumed to be in tenancy in common. This means each owner holds an undivided interest in the property, and those interests can be equal or unequal. There is no right of survivorship, so if one co-owner dies, their share passes to their heirs or as dictated by their will, not automatically to the other co-owners. Tenants in common can freely transfer or encumber their own share without the consent of the others.

This default contrasts with joint tenancy with right of survivorship, which requires explicit language creating the four unities (time, title, interest, possession) and survivorship rights; tenancy by the entirety is limited to married couples and requires conveyance to both spouses as such; and community property is a concept used in a different set of jurisdictions. Therefore the best answer is tenancy in common.