National Real Estate Practice Exam

If a spouse owns a parcel of land separately, how is the ownership characterized?

1. As a joint tenant

2. As a tenant in common

3. As a tenant by the entireties

4. In severalty

The correct answer is: In severalty

When a spouse owns a parcel of land separately, the ownership is characterized as being in severalty. This term refers to sole ownership of property by one individual. In this case, since the land is owned exclusively by one spouse, they have the complete rights to the property without sharing ownership with anyone else, including their spouse. This concept is essential to understand because it distinguishes how property can be held in marital situations and the implications for rights, responsibilities, and control over the property. In severalty, the owner can make decisions, sell, or transfer the property without needing consent from their spouse. The other types of ownership mentioned, such as joint tenancy or tenancy in common, involve multiple owners and specific rights associated with those relationships, while tenancy by the entireties specifically denotes ownership by married couples with certain protections afforded to them. Since the ownership in question is solely in the name of one spouse, severalty is the appropriate characterization.